United States v. Luis Jasso-Botello

Case: 09-40757 Document: 00511222341 Page: 1 Date Filed: 09/01/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED September 1, 2010 No. 09-40757 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LUIS ALBERTO JASSO-BOTELLO, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas No. 5:06-CR-579-1 Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges. PER CURIAM:* The attorney appointed to represent Luis Jasso-Botello has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-40757 Document: 00511222341 Page: 2 Date Filed: 09/01/2010 No. 09-40757 386 U.S. 738 (1967). Jasso-Botello 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 ex- cused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. Counsel’s motion for leave to withdraw because of his ap- pointment as a United States Magistrate Judge is DENIED as moot. 2