United States v. Fernandez-Pena

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 16, 2009 No. 08-40971 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. GUADALUPE FERNANDEZ-PENA Defendant-Appellant Consolidated with No. 08-40972 Conference Calendar UNITED STATES OF AMERICA Plaintiff-Appellee v. GUADALUPE FERNANDEZ Defendant-Appellant Appeals from the United States District Court for the Southern District of Texas USDC No. 2:04-CR-10-1 USDC No. 2:08-CR-251-1 No. 08-40971 c/w No. 08-40972 Before SMITH, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Guadalupe Fernandez-Pena (Fernandez) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Fernandez has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEALS ARE DISMISSED. See 5 TH C IR. R. 42.2. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 2