United States Court of Appeals
Fifth Circuit
F I L E D
May 6, 2004
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 03-50682
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JULIO HERNANDEZ-REYES,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
UDC No. EP-00-CR-1505-ALL-DB
--------------------
Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Julio Hernandez-Reyes was convicted, pursuant to a plea of
guilty, of attempting to illegally reenter the United States in
violation of 8 U.S.C. § 1326. Counsel appointed to represent
Hernandez has moved for leave to withdraw and has filed a brief as
required by Anders v. California, 386 U.S. 738 (1967). Hernandez
has received a copy of counsel’s brief and has filed a response.
Hernandez challenges his indictment and conviction on the
ground that he had not “entered” or been “found in” the United
States. He further argues that trial counsel was ineffective for
*
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that this opinion should not be published and is not precedent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.
No. 03-50682
-2-
failing to investigate the facts of his case and challenge his
indictment and conviction on that same ground. Hernandez also
argues that counsel appointed to represent him on appeal was
ineffective for failing to raise this same argument on direct
appeal.
In this case, the record was sufficiently developed for us to
review Hernandez’ claims of ineffective assistance of counsel. Our
independent review of the brief, the record, and Hernandez’
response discloses that there is no nonfrivolous issue for appeal.
Accordingly, 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.