USA v. Luis Zelaya-Hernandez

Filing

UNPUBLISHED OPINION FILED. [10-40130 Dismissed as Frivolous] Judge: CDK , Judge: FPB , Judge: JWE Mandate pull date is 11/16/2010 for Appellant Luis Rafael Zelaya-Hernandez; granting motion to withdraw as counsel filed by Attorney Ms. Margaret Christina Ling for Appellant Mr. Luis Rafael Zelaya-Hernandez [6558422-2] [10-40130]

USA v. Luis Zelaya-Hernandez Case: 10-40130

Document: 00511275333 Page: 1 Date Filed: 10/26/2010

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 10-40130 S u m m a r y Calendar October 26, 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. L U I S RAFAEL ZELAYA-HERNANDEZ, 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. 7:09-CR-1438-1

B e fo r e KING, BENAVIDES, and ELROD, Circuit Judges. P E R CURIAM:* T h e Federal Public Defender appointed to represent Luis Rafael ZelayaH e r n a n d e z has moved for leave to withdraw and has filed a brief in accordance w it h Anders v. California, 386 U.S. 738 (1967). Zelaya-Hernandez has not filed a response. Our independent review of the record and counsel's brief discloses n o nonfrivolous issue for appeal. Accordingly, counsel's motion for leave to w it h d r a w is GRANTED, counsel is excused from further responsibilities herein, a n d the APPEAL IS DISMISSED. See 5TH CIR. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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