USA v. Rodriguez-Gomez, (5th Cir. 2010)

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Case: 08-40248 Document: 00511034176 Page: 1 Date Filed: 02/24/2010

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT United States Court of Appeals

Fifth Circuit

FILED

February 24, 2010

No. 08-40248

Summary Calendar Charles R. Fulbruge III

Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

EVERARDO RODRIGUEZ-GOMEZ, also known as Everado Rodriguez-Gomez,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:07-CR-1515-ALL

Before KING, STEWART and HAYNES, Circuit Judges.

PER CURIAM:* The attorney appointed to represent Everardo Rodriguez-Gomez (Rodriguez) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Rodriguez 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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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