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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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