USA v. Luis Botello, No. 09-40712 (5th Cir. 2010)

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Case: 09-40712 Document: 00511099502 Page: 1 Date Filed: 05/04/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-40712 Summary Calendar May 4, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. LUIS JASSO BOTELLO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:09-CR-325-1 Before HIGGINBOTHAM, CLEMENT, and SOUTHWICK, Circuit Judges. PER CURIAM:* The attorney appointed to represent Luis Jasso Botello has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Jasso Botello 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 pursuant to Anders is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. Counsel s motion for leave to * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 09-40712 Document: 00511099502 Page: 2 No. 09-40712 Date Filed: 05/04/2010 withdraw due to his possible appointment as a United States Magistrate Judge is DENIED as moot. 2

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