Case: 14-50926 Document: 00512971883 Page: 1 Date Filed: 03/17/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 14-50926 March 17, 2015
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
NOE PACHECO-GARCIA,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:14-CR-76-1
Before SMITH, WIENER, and ELROD, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Noe Pacheco-Garcia 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).
Pacheco-Garcia has not filed a response. We have reviewed counsel’s brief and
the relevant parts of the record reflected therein. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-50926 Document: 00512971883 Page: 2 Date Filed: 03/17/2015
No. 14-50926
However, in light of the nonreversible error in categorizing Pacheco-Garcia’s
Texas sexual assault conviction as an aggravated felony, the judgment of the
district court is REFORMED to show that Pacheco-Garcia was convicted and
sentenced under 8 U.S.C. § 1326(b)(1). See United States v. Mondragon-
Santiago, 564 F.3d 357, 367-69 (5th Cir. 2009). Counsel’s motion for leave to
withdraw is GRANTED, counsel is excused from further responsibilities
herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.
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