Opinion
No. 09-41050 Summary Calendar.
July 22, 2010.
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.
Guillermo Ruben Garcia, Laredo, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of Texas, USDC No. 5:09-CR-299-1.
Before GARZA, CLEMENT, and OWEN, Circuit Judges.
The attorney appointed to represent John Howard Gunter 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). Gunter 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 5TH CIR. R. 42.2. Counsel's motion for leave to withdraw due to his appointment as a United States Magistrate Judge is DENIED as moot.