United States v. Frank Garcia

Case: 09-40813 Document: 00511280541 Page: 1 Date Filed: 11/01/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED November 1, 2010 No. 09-40813 c/w No. 09-40830 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FRANK GARCIA, Defendant-Appellant Appeals from the United States District Court for the Southern District of Texas UDC No. 7:08-CR-298-2 Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* The attorney appointed to represent Frank Garcia has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Garcia 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.