United States v. Argenis De La Cruz-Tellez

Case: 10-10941 Document: 00511461236 Page: 1 Date Filed: 04/29/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 29, 2011 No. 10-10941 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ARGENIS DE LA CRUZ-TELLEZ, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:10-CR-81-1 Before KING, BENAVIDES, and ELROD, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Argenis De La Cruz- Tellez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). De La Cruz-Tellez has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-10941 Document: 00511461236 Page: 2 Date Filed: 04/29/2011 No. 10-10941 is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. 2