USA v. Eugene Rodriguez, Jr., No. 10-51228 (5th Cir. 2011)

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Case: 10-51228 Document: 00511638832 Page: 1 Date Filed: 10/20/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED October 20, 2011 No. 10-51228 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. EUGENE RODRIGUEZ, JR., also known as Jr., Defendant-Appellant Appeal from the United States District Court for the Western District of Texas, Division USDC No. 3:09-CR-2927-4 Before BENAVIDES, STEWART, and CLEMENT, Circuit Judges. PER CURIAM:* The attorney appointed to represent Eugene Rodriguez, Jr. has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Rodriguez 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-51228 Document: 00511638832 Page: 2 Date Filed: 10/20/2011 No. 10-51228 withdraw pursuant to Anders is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2. 2

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