USA v. Jose Neiva-Santos

Filing 920091228

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 09-40323 Summary Calendar December 28, 2009 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE CARLOS NEIVA-SANTOS, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:08-CR-997-1

Before DAVIS, SMITH, and DENNIS, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Jose Carlos NeivaSantos has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Neiva-Santos 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

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
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