United States v. Andres Herrera-Mendoza

Case: 11-40340 Document: 00511699474 Page: 1 Date Filed: 12/19/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 19, 2011 No. 11-40340 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ANDRES HERRERA-MENDOZA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:10-CR-1106-1 Before KING, HAYNES, and GRAVES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Andres Herrera- Mendoza 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). Herrera-Mendoza has been removed from the United States and 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. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-40340 Document: 00511699474 Page: 2 Date Filed: 12/19/2011 No. 11-40340 Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED in part as frivolous, see 5TH CIR. R. 42.2, and in part as moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 382-83 (5th Cir. 2007). 2