USA v. Pineda, (5th Cir. 2009)

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IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT United States Court of Appeals

Fifth Circuit

FILED

October 20, 2009

No. 08-41294

Conference Calendar Charles R. Fulbruge III

Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOSE CARLOS PINEDA,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:08-CR-1237-ALL

Before WIENER, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:* The Federal Public Defender appointed to represent Jose Carlos Pineda has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Pineda 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 5 TH C IR. R. 42.2. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.



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