United States v. Javier Rosales

Case: 10-10624 Document: 00511573521 Page: 1 Date Filed: 08/16/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED August 16, 2011 No. 10-10624 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JAVIER ROSALES, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:09-CR-160-3 Before HIGGINBOTHAM, CLEMENT, and ELROD, Circuit Judges. PER CURIAM:* The attorney retained to represent Javier Rosales 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). Rosales has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Rosales’s response. 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, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-10624 Document: 00511573521 Page: 2 Date Filed: 08/16/2011 No. 10-10624 counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2