USA v. Quintanilla-Quintani, No. 09-20004 (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. 09-20004 Summary Calendar December 30, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. WILLIAM ANTONIO QUINTANILLA-QUINTANILLA, also known as William Quintanilla, also known as William Antonio Quintanilla, also known as William A Quintanilla, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:08-CR-99-ALL Before DAVIS, SMITH, and HAYNES, Circuit Judges. PER CURIAM:* The Federal Public Defender (FPD) appointed to represent William Antonio Quintanilla-Quintanilla moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). QuintanillaQuintanilla filed a response. Thereafter, the FPD filed as supplemental letter brief, and Quintanilla-Quintanilla filed no further response. Our independent * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 09-20004 review of the record, counsel s brief and supplemental letter brief, and Quintanilla-Quintanilla s response discloses no non-frivolous issue for appeal. Quintanilla-Quintanilla s claim of duress is unsupported by any evidence and contradicted by the record, and his complaints about his sentence do not raise a non-frivolous issue given the standard of review and the colloquy in the record. 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