United States v. Heber Porras-Hernandez

Case: 10-50854 Document: 00511515557 Page: 1 Date Filed: 06/21/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 21, 2011 No. 10-50854 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. HEBER HUMBERTO PORRAS-HERNANDEZ, also known as Jorge Arturo Alacios, also known as Heber Porras, also known as Heber Humerto Hernandez- Porras, also known as Heber Humberto Hernandez-Porras, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:10-CR-1091-1 Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges. PER CURIAM:* The attorney appointed to represent Heber Humberto Porras-Hernandez (Porras) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Porras has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Porras’s * Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. Case: 10-50854 Document: 00511515557 Page: 2 Date Filed: 06/21/2011 No. 10-50854 response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. 2