United States v. Herrera-Gardea

Case: 25-11208 Document: 46-1 Page: 1 Date Filed: 05/07/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 25-11208 May 7, 2026 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Luis Ausencio Herrera-Gardea, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 2:25-CR-50-1 ______________________________ Before Higginbotham, Engelhardt, and Ramirez, Circuit Judges.

Per Curiam: * The Federal Public Defender appointed to represent Luis Ausencio Herrera-Gardea 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). Herrera-Gardea has not filed a response. We have reviewed counsel’s brief and the relevant portions of the _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-11208 Document: 46-1 Page: 2 Date Filed: 05/07/2026

No. 25-11208 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.