United States v. Carlos Banuelos-Herrera

Case: 10-11092 Document: 00511573721 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. 10-11092 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. CARLOS ANTONIO BANUELOS-HERRERA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:10-CR-91-1 Before HIGGINBOTHAM, CLEMENT, and ELROD, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Carlos Antonio Banuelos-Herrera 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). Banuelos-Herrera 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-11092 Document: 00511573721 Page: 2 Date Filed: 08/16/2011 No. 10-11092 leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2