United States v. Guadalupe Cruz-Garcia

Case: 11-40077 Document: 00511891147 Page: 1 Date Filed: 06/19/2012 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 19, 2012 No. 11-40077 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GUADALUPE CRUZ-GARCIA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:10-CR-994-1 Before DAVIS, STEWART, and PRADO, Circuit Judges. PER CURIAM:* The attorney appointed to represent Guadalupe Cruz-Garcia has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Cruz-Garcia has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Cruz-Garcia’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. Cruz-Garcia’s motion for appointment of new counsel is DENIED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.