United States v. Garcia

Case: 23-50615 Document: 43-1 Page: 1 Date Filed: 04/30/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 23-50615

FILED April 30, 2024 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Agustin Barcena Garcia,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 2:18-CR-2201-1 ______________________________

Before Smith, Higginson, and Engelhardt, Circuit Judges.

Per Curiam:*

The Federal Public Defender appointed to represent Agustin Barcena Garcia 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). Barcena Garcia has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected Case: 23-50615 Document: 43-1 Page: 2 Date Filed: 04/30/2024

No. 23-50615 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.