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  • United States v. Omar L. Garcia, 11th Cir. (2015)

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    The United States Court of Appeals for the Eleventh Circuit granted the motion of Thomas Butler, counsel for Omar Garcia, to withdraw from representing Garcia in his direct criminal appeal. The Court conducted an independent review of the record and found no arguable issues of merit to raise. As a result, the Court affirmed Garcia's convictions and sentences. The Court noted it could not decide any issues of ineffective assistance of counsel or prosecutorial misconduct based on the current record.

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    Filed: 2015-04-16 Precedential Status: Non-Precedential Docket: 14-13853

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    The United States Court of Appeals for the Eleventh Circuit granted the motion of Thomas Butler, counsel for Omar Garcia, to withdraw from representing Garcia in his direct criminal appeal. The Court conducted an independent review of the record and found no arguable issues of merit to raise. As a result, the Court affirmed Garcia's convictions and sentences. The Court noted it could not decide any issues of ineffective assistance of counsel or prosecutorial misconduct based on the current record.

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    6 views2 pages

    United States v. Omar L. Garcia, 11th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Eleventh Circuit granted the motion of Thomas Butler, counsel for Omar Garcia, to withdraw from representing Garcia in his direct criminal appeal. The Court conducted an independent review of the record and found no arguable issues of merit to raise. As a result, the Court affirmed Garcia's convictions and sentences. The Court noted it could not decide any issues of ineffective assistance of counsel or prosecutorial misconduct based on the current record.

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    of 2

    Case: 14-13853

    Date Filed: 04/16/2015

    Page: 1 of 2

    [DO NOT PUBLISH]

    IN THE UNITED STATES COURT OF APPEALS


    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 14-13853
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 9:11-cr-80169-KLR-1

    UNITED STATES OF AMERICA,


    Plaintiff-Appellee,
    versus
    OMAR L. GARCIA,
    Defendant-Appellant.
    ________________________
    Appeal from the United States District Court
    for the Southern District of Florida
    ________________________
    (April 16, 2015)
    Before TJOFLAT, WILSON and EDMONDSON, Circuit Judges.
    PER CURIAM:

    Case: 14-13853

    Date Filed: 04/16/2015

    Page: 2 of 2

    Thomas Butler, counsel for Omar Garcia in this direct criminal appeal, has
    moved to withdraw from further representation of the appellant and filed a brief
    pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493
    (1967). Our independent review of the entire record reveals that counsels
    assessment of the merit of the appeal is correct. Because independent examination
    of the entire record reveals no arguable issues of merit, * counsels motion to
    withdraw is GRANTED, and Garcias convictions and sentences are
    AFFIRMED.

    Given the state of the record, we cannot decide issues of ineffective assistance of counsel or of
    prosecutorial misconduct in this appeal.
    2

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