United States v. Jose Hernandez

Opinion

Case: 12-20686 Document: 00512347235 Page: 1 Date Filed: 08/20/2013

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED August 20, 2013 No. 12-20686 Conference Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOSE MANUEL MENDOZA HERNANDEZ, also known as Jose Manuel Mendoza-Hernandez, also known as Jose Hernandez, also known as Emanurl Hernandez Arteca, also known as Marino Sanches Vasquez,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:12-CR-132-1

Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Jose Manuel Mendoza Hernandez 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). Mendoza Hernandez has been released from prison and has been removed from the United States. We have reviewed counsel’s brief

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-20686 Document: 00512347235 Page: 2 Date Filed: 08/20/2013

No. 12-20686

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 in part as frivolous, see 5TH CIR. R. 42.2, and in part as moot, see United States v. Rosenbaum-Alanis, 483 F.3d 381, 382-83 (5th Cir. 2007).