U.S. v. VALLADAREZ-GONZALEZ, 326 Fed.Appx. 823 (5th Cir. 2009)

UNITED STATES of America, Plaintiff-Appellee v. Jose VALLADAREZ-GONZALEZ, Defendant-Appellant.

No. 08-10879 Conference Calendar.United States Court of Appeals, Fifth Circuit.
June 16, 2009.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Robert Austin Klinck, U.S. Attorney’s Office, Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.

Jason Douglas Hawkins, Federal Public Defender’s Office, Northern District of Texas, Dallas, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 4:08-CR-43-1.

Before SMITH, BENAVIDES, and HAYNES, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 Federal Public Defender appointed to represent Jose Valladarez-Gonzalez 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). Valladarez-Gonzalez has been deported from the United States and 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 in part as frivolous, see 5TH CIR. R. 42.2, and in part as moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 382-83 (5th Cir. 2007).

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