USA v. Rodolfo Fuentes-Miranda, No. 09-41212 (5th Cir. 2011)

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Case: 09-41212 Document: 00511484250 Page: 1 Date Filed: 05/20/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-41212 Summary Calendar May 20, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RODOLFO FUENTES-MIRANDA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:09-CR-214-1 Before JOLLY, GARZA and STEWART, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Rodolfo FuentesMiranda has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Fuentes-Miranda has not filed a response. We have reviewed counsel s brief and the relevant portions of the record reflected therein. We concur with counsel s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel s motion for leave to withdraw * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-41212 Document: 00511484250 Page: 2 Date Filed: 05/20/2011 No. 09-41212 is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. 2

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