U.S. v. Franco

Full title: UNITED STATES of America, Plaintiff-Appellee v. Filomeno Trevino FRANCO…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jun 22, 2010

383 F. App'x 435 (5th Cir. 2010)

Opinion

No. 08-51306 Summary Calendar.

June 22, 2010.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, for Plaintiff-Appellee.

Charles Ernest Baruch, The Law Office of Chad Baruch, Rowlett, TX, for Defendant-Appellant.

Filomeno Trevino Franco, Odessa, TX, pro se.

Appeal from the United States District Court for the Western District of Texas, USDC No. 7:08-CR-92-ALL.

Before BENAVIDES, PRADO and SOUTHWICK, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

The attorney appointed to represent Filomeno Trevino Franco 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). Franco has filed a response. Our independent review of the record, counsel's brief, and Franco's response 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.