United States v. Moreno-Rivas

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED September 23, 2009 No. 08-41215 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. SAMUEL MORENO-RIVAS, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:08-CR-753-1 Before GARZA, CLEMENT, and OWEN, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Samuel Moreno-Rivas has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Moreno-Rivas has not filed a response. Our independent review of the record and counsel’s brief discloses no non-frivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.