USA v. Alarcon-Muniz, No. 07-41278 (5th Cir. 2009)

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 07-41278 Conference Calendar June 16, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. ERIC ROLANDO ALARCON-MUNIZ, also known as Osvaldo Gabriel Mendez-Garcia Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:01-CR-152-ALL Before SMITH, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM:* Following this court s order of September 26, 2008, the Federal Public Defender appointed to represent Eric Rolando Alarcon-Muniz has again moved for leave to withdraw and has filed briefs in accordance with Anders v. California, 386 U.S. 738 (1967). Alarcon-Muniz has not filed a response. Our independent review of the record and counsel s briefs discloses no nonfrivolous issue for appeal. * Accordingly, counsel s motion for leave to withdraw is 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. No. 07-41278 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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