USA v. Oscar Ornelas-Portos


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USA v. Oscar Ornelas-Portos Doc. 0 Case: 09-41162 Document: 00511177700 Page: 1 Date Filed: 07/19/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED N o . 09-41162 S u m m a r y Calendar July 19, 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. O S C A R ORNELAS-PORTOS, 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 Southern the District of Texas U S D C No. 7:09-CR-972-1 B e fo r e DAVIS, SMITH and DENNIS, Circuit Judges. P E R CURIAM:* T h e Federal Public Defender appointed to represent Oscar Ornelas-Portos h a s moved for leave to withdraw and has filed a brief in accordance with Anders v . California, 386 U.S. 738 (1967). Ornelas-Portos has filed a response and a m o t io n to unseal part of the record. Ornelas-Portos's motion is DENIED. Our independent review of the record, the response, and counsel's brief d is c lo s e s no nonfrivolous issue for appeal. Accordingly, counsel's motion for 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 09-41162 Document: 00511177700 Page: 2 No. 09-41162 Date Filed: 07/19/2010 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. 2

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