United States v. Victor Garcia

Case: 10-20528 Document: 00511515436 Page: 1 Date Filed: 06/21/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 21, 2011 No. 10-20528 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. VICTOR ANTONIO GARCIA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:09-CR-172-3 Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges. PER CURIAM:* The attorney appointed to represent Victor Antonio 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). 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 is GRANTED, counsel is * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-20528 Document: 00511515436 Page: 2 Date Filed: 06/21/2011 No. 10-20528 excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. 2