Opinion
No. 09-40906 Conference Calendar.
June 22, 2010.
Gerard Raphael Rawls, Robert Lavelle Hobbs, Esq., Assistant U.S. Attorney, U.S. Attorney's Office, Beaumont, TX, for Plaintiff-Appellee.
Gary R. Bonneaux, Federal Defender's Office, Beaumont, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Eastern District of Texas, USDC No. 1:09-CR-12-1.
Before JOLLY, STEWART, and OWEN, Circuit Judges.
The Federal Public Defender appointed to represent Jamie Rubio 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). Rubio 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. The Government's motion to dismiss is DENIED.