USA v. Modesto Mendieta

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USA v. Modesto Mendieta

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Case: 09-40815

Document: 00511206263

Page: 1

Date Filed: 08/17/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-40815 C o n fe r e n c e Calendar August 17, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. M O D E S T O MENDIETA, D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Southern District of Texas U S D C No. 5:09-CR-322-1

B e fo r e DAVIS, SMITH, and WIENER, Circuit Judges. P E R CURIAM:* T h e Federal Public Defender appointed to represent Modesto Mendieta h a s moved for leave to withdraw and has filed a brief in accordance with Anders v . California, 386 U.S. 738 (1967). Mendieta has not filed a response. Our in d e p e n d e n t review of the record and counsel's brief discloses no nonfrivolous is s u e for appeal. Accordingly, counsel's motion for leave to withdraw is

G R A N T E D , counsel is excused from further responsibilities herein, and the A P P E A L IS DISMISSED. See 5TH CIR. R. 42.2. Mendieta's untimely motion for a p p o in tm e n t of substitute counsel or alternatively for leave to proceed pro se on

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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Case: 09-40815

Document: 00511206263 Page: 2 No. 09-40815

Date Filed: 08/17/2010

a p p e a l is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1 9 9 8 ).

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