Case: 09-40812 Document: 00511149740 Page: 1 Date Filed: 06/22/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 22, 2010
No. 09-40812
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MARCO ANTONIO NUNEZ-RODEA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:09-CR-330-1
Before JOLLY, STEWART, and OWEN, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Marco Antonio
Nunez-Rodea has moved for leave to withdraw and has filed a brief in
accordance with Anders v. California, 386 U.S. 738 (1967). Nunez-Rodea has not
filed a response. Our independent review of the record and counsel’s brief
discloses no nonfrivolous issue for appeal. Moreover, Nunez-Rodea’s removal
from the United States rendered moot any issues as to his sentence. See United
States v. Rosenbaum-Alanis, 483 F.3d 381, 383 (5th Cir. 2007). Accordingly,
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 09-40812 Document: 00511149740 Page: 2 Date Filed: 06/22/2010
No. 09-40812
counsel’s motion for leave to withdraw is GRANTED, counsel is excused from
further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR.
R. 42.2.
2