United States v. Alarcon-Muniz

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 16, 2009 No. 07-41278 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. ERIC ROLANDO ALARCON-MUNIZ, also known as Osvaldo Gabriel Mendez-Garcia Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:01-CR-152-ALL Before SMITH, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM:* Following this court’s order of September 26, 2008, the Federal Public Defender appointed to represent Eric Rolando Alarcon-Muniz has again moved for leave to withdraw and has filed briefs in accordance with Anders v. California, 386 U.S. 738 (1967). Alarcon-Muniz has not filed a response. Our independent review of the record and counsel’s briefs discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. No. 07-41278 GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. 2