USA v. Dario Valadez-Garcia, No. 09-40822 (5th Cir. 2010)

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Case: 09-40822 Document: 00511084298 Page: 1 Date Filed: 04/19/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-40822 Summary Calendar April 19, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DARIO VALADEZ-GARCIA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:07-CR-695-1 Before KING, BARKSDALE, and GARZA, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Dario Valadez-Garcia has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Valadez-Garcia 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-40822 Document: 00511084298 Page: 2 No. 09-40822 APPEAL IS DISMISSED. Date Filed: 04/19/2010 See 5 TH C IR. R. 42.2 (providing for dismissal of unmeritorious appeals). 2

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