USA v. Roberto Diaz, (5th Cir. 2010)

Status: Not Published

Docket Number: 09-50373

Linked as:

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Case: 09-50373 Document: 00511149251 Page: 1 Date Filed: 06/22/2010

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT United States Court of Appeals

Fifth Circuit

FILED

June 22, 2010

No. 09-50373

Conference Calendar Lyle W. Cayce

Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ROBERTO DIAZ,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 2:08-CR-509-1

Before JOLLY, STEWART, and OWEN, Circuit Judges.

PER CURIAM:* The attorney appointed to represent Roberto Diaz has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Diaz has filed a response. Our independent review of the record, counsel’s brief, and Diaz’s response 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.