Case: 10-10712 Document: 00511565869 Page: 1 Date Filed: 08/09/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 9, 2011
No. 10-10712
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee
v.
RUBEN GOMEZ-LUEVANO, also known as Ruben Gomez,
Defendant - Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:08-CR-360-1
Before KING, GARZA, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Ruben Gomez-Luevano on appeal has
filed a renewed motion for leave to withdraw and an amended brief in
accordance with Anders v. California, 386 U.S. 738 (1967), and United States v.
Flores, 632 F.3d 229 (5th Cir. 2011). Gomez-Luevano filed a response to
counsel’s initial motion and a supplemental pleading withdrawing his ineffective
assistance of counsel claim.
*
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5th Cir.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: 10-10712 Document: 00511565869 Page: 2 Date Filed: 08/09/2011
No. 10-10712
We have reviewed counsel’s amended brief and the relevant portions of the
record reflected therein, as well as Gomez-Luevano’s response and supplemental
filing. 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 excused from further responsibilities
herein, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.
2