Case: 09-20629 Document: 00511150278 Page: 1 Date Filed: 06/22/2010

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 22, 2010 No. 09-20629 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. XAVIER OMAR MARTINEZ LAYTON, also known as Omar Xavier Martinez, also known as Xavier O. Martinez, also known as Xavier Omar Martinez-Layton, also known as Xavier Omar Martinez, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:09-CR-203-1

Before JOLLY, STEWART, and OWEN, Circuit Judges.

PER CURIAM:* The Federal Public Defender appointed to represent Xavier Omar Martinez Layton has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Martinez Layton has filed a response. Our independent review of the record, counsel’s brief, and Martinez Layton’s response discloses no nonfrivolous issue for appeal.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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

Case: 09-20629 Document: 00511150278 Page: 2 Date Filed: 06/22/2010 No. 09-20629 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.