USA v. Jose Villatoro, No. 10-41075 (5th Cir. 2011)

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Case: 10-41075 Document: 00511573756 Page: 1 Date Filed: 08/16/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-41075 Conference Calendar August 16, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE SANTOS VILLATORO, also known as Miguel Antonio HernandezHernandez, also known as Jose Santo Commando, also known as Carlos Arturo Pineda, also known as Carlos Arnoldo Villatoro, also known as Carlos Pineda, also known as Jose Villatoro-Santos, also known as Commando Villatore, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:10-CR-1192-1 Before HIGGINBOTHAM, CLEMENT, and ELROD, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Jose Santos Villatoro 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). Villatoro has not filed a response. We have reviewed counsel s brief and the relevant portions of the record reflected therein. We concur with * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-41075 Document: 00511573756 Page: 2 Date Filed: 08/16/2011 No. 10-41075 counsel s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2