United States v. Carlos Melgares-Martinez

Case: 09-40444 Document: 0051998552 Page: 1 Date Filed: 01/07/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED January 7, 2010 No. 09-40444 Charles R. Fulbruge III Summary Calendar Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. CARLOS ARCIDES MELGARES-MARTINEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:08-CR-1656-1 Before HIGGINBOTHAM, CLEMENT, and SOUTHWICK, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Carlos Arcides Melgares-Martinez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California.1 Melgares-Martinez 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 1 386 U.S. 738 (1967). Case: 09-40444 Document: 0051998552 Page: 2 Date Filed: 01/07/2010 No. 09-40444 withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED.2 2 See 5TH CIR . R. 42.2. 2