Case: 09-11112 Document: 00511259438 Page: 1 Date Filed: 10/11/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 11, 2010
No. 09-11112
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ALFONSO ERNESTO MOLINA,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:09-CR-76-1
Before KING, BENAVIDES, and ELROD, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Alfonso Ernesto
Molina has moved for leave to withdraw and has filed a brief in accordance with
Anders v. California, 386 U.S. 738 (1967). Molina has filed a response. Our
independent review of the record, counsel’s brief, and Molina’s response 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. Molina’s motions 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-11112 Document: 00511259438 Page: 2 Date Filed: 10/11/2010
No. 09-11112
vacate the sentence and to remand the case to the district court for resentencing
are DENIED.
2