United States v. Javier Castillo-Ortiz

Case: 10-40041 Document: 00511261867 Page: 1 Date Filed: 10/13/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 13, 2010 No. 10-40041 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JAVIER CASTILLO-ORTIZ, also known as Jose Perez-Castillo, also known as Javier Castillo-Cisneros, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No.7:09-CR-1282-1 Before DAVIS, SMITH and SOUTHWICK, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Javier Castillo-Ortiz has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Castillo has filed a response. Our independent review of the record, counsel’s brief, and Castillo’s response 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-40041 Document: 00511261867 Page: 2 Date Filed: 10/13/2010 No. 10-40041 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