United States v. Jose Cervantes-Garcia

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 16, 2009 No. 09-40208 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, v. JOSE LUIS CERVANTES-GARCIA, Defendant–Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 5:08-CR-1656-1 Before GARZA, CLEMENT, and OWEN, Circuit Judges. PER CURIAM:* The attorney appointed to represent Jose Luis Cervantes-Garcia has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Cervantes-Garcia has not filed a response. Our independent review of the record and counsel’s brief disclose no nonfrivolous 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.