USA v. Marco Alvarez-Acosta, No. 10-40301 (5th Cir. 2010)

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Case: 10-40301 Document: 00511298398 Page: 1 Date Filed: 11/18/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-40301 Summary Calendar November 18, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARCO ANTONIO ALVAREZ-ACOSTA, Also Known as Antonio Alvarez-Acosta, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 7:09-CR-103-1 Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Marco Antonio Alvar- * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-40301 Document: 00511298398 Page: 2 Date Filed: 11/18/2010 No. 10-40301 ez-Acosta has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Alvarez-Acosta 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. 2

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