United States v. Gonzalo Garcia, Jr.

Case: 09-41012 Document: 00511172714 Page: 1 Date Filed: 07/14/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED July 14, 2010 No. 09-41012 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GONZALO GARCIA, JR., Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas No. 5:09-CR-1174-1 Before DAVIS, SMITH, and DENNIS, Circuit Judges. PER CURIAM:* The attorney appointed to represent Gonzalo Garcia, Jr., has moved for leave to withdraw in accordance with Anders v. California, 386 U.S. 738 (1967). * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-41012 Document: 00511172714 Page: 2 Date Filed: 07/14/2010 No. 09-41012 Garcia has not filed a response. Our independent review of the record and coun- sel’s brief discloses no nonfrivolous issue for appeal. Accordingly, the 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. Counsel’s sepa- rate motion for leave to withdraw because of his possible appointment as a Unit- ed States Magistrate Judge is DENIED as unnecessary. 2