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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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