United States v. Rodolfo Fuentes-Miranda

Case: 09-41212 Document: 00511484250 Page: 1 Date Filed: 05/20/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED May 20, 2011 No. 09-41212 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RODOLFO FUENTES-MIRANDA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:09-CR-214-1 Before JOLLY, GARZA and STEWART, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Rodolfo Fuentes- Miranda 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). Fuentes-Miranda 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-41212 Document: 00511484250 Page: 2 Date Filed: 05/20/2011 No. 09-41212 is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. 2