Case: 09-40878 Document: 00511315779 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. 09-40878
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
HIGINIO HERNANDEZ, also known as Gino,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:08-CR-177-1
Before KING, BENAVIDES, and PRADO, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Higinio Hernandez has moved for
leave to withdraw and has filed a brief in accordance with Anders v. California,
386 U.S. 738 (1967). Hernandez has filed a response. Our independent review
of the record, counsel’s brief, and Hernandez’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.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.