USA v. Henry Vargas-Diaz, No. 09-41196 (5th Cir. 2010)

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Case: 09-41196 Document: 00511315822 Page: 1 Date Filed: 12/08/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-41196 Conference Calendar December 8, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. HENRY VARGAS-DIAZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:09-CR-1639-1 Before KING, BENAVIDES, and PRADO, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Henry Vargas-Diaz has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Vargas-Diaz has filed a response. Our independent review of the record, counsel s brief, and Vargas-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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.

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