USA v. Rito Mendez-Cardena


UNPUBLISHED OPINION FILED. [10-50234 Dismissed as Frivolous] Judge: JES , Judge: JLD , Judge: EBC. Mandate pull date is 11/16/2010 for Appellant Rito Mendez-Cardenas; granting motion to withdraw as counsel filed by Attorney Ms. Judy Fulmer Madewell for Appellant Mr. Rito Mendez-Cardenas [6551719-2] [10-50234]

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USA v. Rito Mendez-Cardena Case: 10-50234 Document: 00511275072 Page: 1 Date Filed: 10/26/2010 Doc. 0 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED N o . 10-50234 C o n fe r e n c e 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. R I T O MENDEZ-CARDENAS, 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 Western District of Texas U S D C No. 3:09-CR-2849-1 B e fo r e SMITH, DENNIS, and CLEMENT, Circuit Judges. P E R CURIAM:* T h e Federal Public Defender appointed to represent Rito MendezC a r d e n a s has moved for leave to withdraw and has filed a brief in accordance w it h Anders v. California, 386 U.S. 738 (1967). Mendez-Cardenas has filed a r e s p o n s e . Our independent review of the record, counsel's brief, and MendezC a r d e n a s 's response discloses no nonfrivolous issue for appeal. Accordingly, c o u n s e l's motion for leave to withdraw is GRANTED, counsel is excused from 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-50234 Document: 00511275072 Page: 2 Date Filed: 10/26/2010 No. 10-50234 fu r t h e r responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R . 42.2. 2

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