United States v. Antonio Mora-Garibay

Case: 10-40374 Document: 00511382403 Page: 1 Date Filed: 02/15/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 15, 2011 No. 10-40374 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ANTONIO MORA-GARIBAY, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:09-CR-1592-1 Before HIGGINBOTHAM, GARZA, and ELROD, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Antonio Mora- Garibay has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Mora-Garibay has not filed a response, and he has been removed from the United States. 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-40374 Document: 00511382403 Page: 2 Date Filed: 02/15/2011 No. 10-40374 in part as frivolous, see 5 TH C IR. R. 42.2, and in part as moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 383 (5th Cir. 2007). 2