U.S. v. GARCIA, 400 Fed.Appx. 845 (5th Cir. 2010)

UNITED STATES of America, Plaintiff-Appellee v. Frank GARCIA, Defendant-Appellant.

Nos. 09-40813, 09-40830 Summary Calendar.United States Court of Appeals, Fifth Circuit.
November 1, 2010.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Sam R. Fugate, Law Office of Sam R. Fugate, Kingsville, TX, for Defendant-Appellant.

Appeals from the United States District Court for the Southern District of Texas, UDC No. 7:08-CR-298-2.

Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM:[*]

[*] Pursuant to 5TH OR R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

The attorney appointed to represent Frank Garcia has moved for leave to with-draw and has filed a brief in accordance wit Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Garcia has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED See 5TH CIR. R. 42.2.