United States v. Ruben Alvarez-Ayala

Case: 09-41182 Document: 00511314977 Page: 1 Date Filed: 12/08/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 8, 2010 No. 09-41182 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RUBEN ALVAREZ-AYALA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:09-CR-803-1 Before KING, BENAVIDES, and PRADO, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Ruben Alvarez-Ayala (Alvarez) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Alvarez 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.