United States Court of Appeals, Fifth CircuitJul 14, 2010
385 Fed. Appx. 405 (5th Cir. 2010)

No. 09-41012 Summary Calendar.

July 14, 2010.

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

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

Appeal from the United States District Court for the Southern District of Texas, No. 5:09-CR-1174-1.

Before DAVIS, SMITH, and DENNIS, Circuit Judges.

The attorney appointed to represent Gonzalo Garcia, Jr., has moved for leave to withdraw in accordance with 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 non-frivolous issue for appeal. Accordingly, the 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 separate motion for leave to withdraw because of his possible appointment as a United States Magistrate Judge is DENIED as unnecessary.