U.S. v. JASSO-BOTELLO, 393 Fed.Appx. 234 (5th Cir. 2010)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Alberto JASSO-BOTELLO, Defendant-Appellant.

No. 09-40757 Summary Calendar.United States Court of Appeals, Fifth Circuit.
September 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[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]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.

Guillermo Ruben Garcia, Garcia Garcia, Laredo, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas, No. 5:06-CR-579-1.

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.

PER CURIAM:[*]

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

The attorney appointed to represent Luis Jasso-Botello has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Jasso-Botello 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. Counsel’s motion for leave to withdraw because of his appointment as a United States Magistrate Judge is DENIED as moot.

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