United States v. Jose Rodriguez-Bernando

Case: 09-41010 Document: 00511205833 Page: 1 Date Filed: 08/17/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED August 17, 2010 No. 09-41010 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE RODRIGUEZ-BERNANDO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 6:09-CR-41-1 Before DAVIS, SMITH, and WIENER, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Jose Rodriguez- Bernando has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Rodriguez-Bernando has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, 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. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.