Case: 18-50440 Document: 00515057105 Page: 1 Date Filed: 07/31/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
July 31, 2019
No. 18-50440
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
FABIAN ALEX BRAVO,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:16-CV-197
Before JONES, HIGGINSON, and WILLETT, Circuit Judges.
PER CURIAM: *
This court granted Fabian Alex Bravo a certificate of appealability,
following the denial of his 28 U.S.C. § 2255 motion, on the issue whether the
district court erred by determining that Bravo was subject to the enhanced
penalties of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1),
based on his prior Texas convictions for aggravated robbery, aggravated
assault, and burglary. The Federal Public Defender appointed to represent
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 18-50440 Document: 00515057105 Page: 2 Date Filed: 07/31/2019
No. 18-50440
Bravo 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). Bravo has not filed a response. We have reviewed
counsel’s brief and the relevant portions of the record reflected therein. 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 5TH CIR. R. 42.2.
2