Case: 11-20133 Document: 00511699200 Page: 1 Date Filed: 12/19/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 19, 2011
No. 11-20133
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MERCURIO ZOROASTRO TOVAR HERNANDEZ, also known as Mercurio
Tobar Hernandez, also known as Mercurio Tovar Hernandez, also known as
Mercurio Zoroastro Tovar-Hernandez,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:10-CR-655-1
Before KING, HAYNES, and GRAVES, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Mercurio Zoroastro Tovar Hernandez
(Tovar) 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). Tovar has filed a response seeking the appointment of new
counsel. We have reviewed counsel’s brief and the relevant portions of the
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-20133 Document: 00511699200 Page: 2 Date Filed: 12/19/2011
No. 11-20133
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, Tovar’s motion to appoint new counsel is DENIED, and
the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.
2