USA v. Luis Botello

Filing 920100504

Case: 09-40712

Document: 00511099502

Page: 1

Date Filed: 05/04/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 09-40712 Summary Calendar May 4, 2010 Lyle W. Cayce Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee v. LUIS JASSO BOTELLO, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:09-CR-325-1

Before HIGGINBOTHAM, CLEMENT, and SOUTHWICK, Circuit Judges. PER CURIAM:* The attorney appointed to represent Luis Jasso Botello has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Jasso Botello 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 pursuant to Anders is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
*

Case: 09-40712

Document: 00511099502 Page: 2 No. 09-40712

Date Filed: 05/04/2010

withdraw due to his possible appointment as a United States Magistrate Judge is DENIED as moot.

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