332 F. App'x 996

UNITED STATES of America, Plaintiff-Appellee v. Hector Manuel HUERTA-RUIZ, Defendant-Appellant.

No. 09-40201.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 9, 2009.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Sarah Beth Landau, Federal Public Defender, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before JOLLY, DENNIS, and OWEN, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Hector Manuel Huerta-Ruiz has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Huerta-Ruiz has filed a response in which he argues, among other things, that he was denied the effective assistance of counsel because his attorney failed to raise objections to the enhancement of his sentence under United *997States Sentencing Guideline § 2L1.2(b)(l)(A)(ii). Huerta-Ruiz also has filed motions requesting the appointment of substitute counsel and a hearing.

Our independent review of the record, counsel’s brief, and Huerta-Ruiz’s response discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, Huerta-Ruiz’s motions for the appointment of substitute counsel and a hearing are DENIED, and the APPEAL IS DISMISSED. See 5th CiR. R. 42.2.

United States v. Huerta-Ruiz
332 F. App'x 996

Case Details

Name
United States v. Huerta-Ruiz
Decision Date
Oct 9, 2009
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332 F. App'x 996

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United States

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