United States v. Hernandez

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED July 22, 2008 No. 07-50655 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. GARY ALAN HERNANDEZ, JR. Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:06-CR-1505-ALL Before JOLLY, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* The attorney appointed to represent Gary Alan Hernandez, Jr., has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Hernandez has filed a response. Our independent review of the record, counsel’s brief, and Hernandez’s response discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-50655 herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. Hernandez’s request in his response for appointment of substitute counsel is DENIED. 2