United States v. Rigoberto Lopez-Gomez

Case: 09-50827 Document: 00511215640 Page: 1 Date Filed: 08/26/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED August 26, 2010 No. 09-50827 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. RIGOBERTO LOPEZ-GOMEZ, Defendant - Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:09-CR-1503-1 Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Rigoberto Lopez- Gomez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Lopez-Gomez has not filed a response. He recently has been released from imprisonment and removed from the United States. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-50827 Document: 00511215640 Page: 2 Date Filed: 08/26/2010 No. 09-50827 withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED in part as frivolous, see 5 TH C IR. R. 42.2, and in part as moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 383 (5th Cir. 2007). 2