Case: 10-41321 Document: 00511574249 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. 10-41321
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE MARIA VILLATORO-AVILA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:06-CR-920-1
Before HIGGINBOTHAM, CLEMENT, and ELROD, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Jose Maria Villatoro-
Avila 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). Villatoro-Avila has filed a response. We have reviewed
counsel’s brief and the relevant portions of the record reflected therein, as well
as Villatoro-Avila’s response. We concur with counsel’s assessment that the
appeal presents no nonfrivolous issue for appellate review. Accordingly,
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-41321 Document: 00511574249 Page: 2 Date Filed: 08/16/2011
No. 10-41321
counsel’s motion for leave to withdraw is GRANTED, Villatoro-Avila’s motion for
appointment of counsel is DENIED, and counsel is excused from further
responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.
2