United States v. Oscar Aviles-Figueroa

Case: 10-40567 Document: 00511383701 Page: 1 Date Filed: 02/16/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 16, 2011 No. 10-40567 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. OSCAR ALBERTO AVILES-FIGUEROA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:10-CR-126-1 Before KING, BENAVIDES, and ELROD, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Oscar Alberto Aviles- Figueroa has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Aviles-Figueroa 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.