Case: 09-41162 Document: 00511177700 Page: 1 Date Filed: 07/19/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
July 19, 2010
No. 09-41162
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
OSCAR ORNELAS-PORTOS,
Defendant-Appellant
Appeal from the United States District Court
for Southern the District of Texas
USDC No. 7:09-CR-972-1
Before DAVIS, SMITH and DENNIS, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Oscar Ornelas-Portos
has moved for leave to withdraw and has filed a brief in accordance with Anders
v. California, 386 U.S. 738 (1967). Ornelas-Portos has filed a response and a
motion to unseal part of the record. Ornelas-Portos’s motion is DENIED.
Our independent review of the record, the response, and counsel’s brief
discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-41162 Document: 00511177700 Page: 2 Date Filed: 07/19/2010
No. 09-41162
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