Case: 09-50838 Document: 00511114498 Page: 1 Date Filed: 05/18/2010

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED May 18, 2010 No. 09-50838 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ROBERTO CARLOS HERNANDEZ, Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:09-CR-1392-1

Before JOLLY, WIENER, and ELROD, Circuit Judges.

PER CURIAM:* The Federal Public Defender appointed to represent Roberto Carlos Hernandez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Hernandez 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 5 TH C IR. R. 42.2.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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