USA v. Gonzalo Garcia, Jr.

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USA v. Gonzalo Garcia, Jr. Doc. 0 Case: 09-41012 Document: 00511172714 Page: 1 Date Filed: 07/14/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED N o . 09-41012 S u m m a r y Calendar July 14, 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 , versu s G O N Z A L O GARCIA, JR., 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 N o . 5:09-CR-1174-1 B e fo r e DAVIS, SMITH, and DENNIS, Circuit Judges. P E R CURIAM:* T h e attorney appointed to represent Gonzalo Garcia, Jr., has moved for le a v e to withdraw in accordance with Anders v. California, 386 U.S. 738 (1967). 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Dockets.Justia.com Case: 09-41012 Document: 00511172714 Page: 2 No. 09-41012 Date Filed: 07/14/2010 G a r c ia has not filed a response. Our independent review of the record and couns e l's brief discloses no nonfrivolous issue for appeal. Accordingly, the motion for le a v e to withdraw is GRANTED, counsel is excused from further responsibilities h e r e in , and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. Counsel's separ a t e motion for leave to withdraw because of his possible appointment as a Unite d States Magistrate Judge is DENIED as unnecessary. 2

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