United States v. Jose Rodriguez-Garcia

Case: 10-40824 Document: 00511477269 Page: 1 Date Filed: 05/13/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED May 13, 2011 No. 10-40824 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE ADAN RODRIGUEZ-GARCIA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:10-CR-761-1 Before KING, BENAVIDES, and ELROD, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Jose Adan Rodriguez- Garcia 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). Rodriguez-Garcia 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-40824 Document: 00511477269 Page: 2 Date Filed: 05/13/2011 No. 10-40824 is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. 2