UNITED STATES v. BRAVO (2019)

This court granted Fabian Alex Bravo a certificate of appealability, following the denial of his 28 U.S.C. § 2255 motion, on the issue whether the district court erred by determining that Bravo was subject to the enhanced penalties of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1), based on his prior Texas convictions for aggravated robbery, aggravated assault, and burglary. The Federal Public Defender appointed to represent Bravo 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), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Bravo has not filed a response. We have reviewed counsel’s brief 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.

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PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.