United States v. Marcos Iturralde

Case: 09-20408 Document: 00511085865 Page: 1 Date Filed: 04/20/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 20, 2010 No. 09-20408 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARCOS GARCIA ITURRALDE, also known as Antonio Pelegrin, also known as Marcos Garcia, also known as M. Garcia, also known as Marcos Garcia- Iturralde, also known as Antonio Peregrino, also known as Marcos Iturade Garcia, also known as Antonio Garcia Peregrino, also known as Antonio Rodriguez Hernandez, also known as Antonio Hernandez Rodriguez, also known as Marcos Garcia-Turralde, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:08-CR-805-1 Before SMITH, PRADO, and HAYNES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Marcos Garcia Iturralde has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Garcia Iturralde has not filed a * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 09-20408 Document: 00511085865 Page: 2 Date Filed: 04/20/2010 No. 09-20408 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 APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. 2