U.S. v. Hernandez-Prado

Full title: UNITED STATES of America, Plaintiff-Appellee v. Marcos Antonio…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jan 20, 2010

361 F. App'x 622 (5th Cir. 2010)

Opinion

No. 09-40395 Summary Calendar.

January 20, 2010.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Margaret Christina Ling, Assistant Federal Public Defender, Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas, USDC No. 1:08-CR-1114-1.

Before HIGGINBOTHAM, CLEMENT, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 Federal Public Defender appointed to represent Marcos Hernandez-Prado has moved for leave to withdraw and has filed a brief in accordance with Anders v. California. ¹ Hernandez-Prado has filed a response. Our independent review of the record, counsel's brief, and Hernandez-Prado'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.²

1 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

2 See 5TH CIR. R. 42.2.