USA v. Hernandez, No. 23-10272 (5th Cir. 2024)

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Case: 23-10272 Document: 93-1 Page: 1 Date Filed: 03/28/2024 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED March 28, 2024 No. 23-10272 ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Daniel Marquez Hernandez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:17-CR-316-1 ______________________________ Before Jolly, Smith, and Haynes, Circuit Judges. Per Curiam:* The attorney appointed to represent Daniel Marquez 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), as well as a supplemental Anders brief regarding the Supreme Court’s ruling in New York State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022). Marquez Hernandez has filed a response to both brief, and he alleges _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-10272 Document: 93-1 Page: 2 Date Filed: 03/28/2024 No. 23-10272 that the district court made a mathematical error in calculating his sentence. This argument is without merit, because the record does not reflect a sentencing error and Marquez Hernandez’s appeal waiver makes no exception for erroneous guidelines assessments. We have reviewed counsel’s briefs, Marquez Hernandez’s responses, 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. See 5th Cir. R. 42.2. 2

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