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,

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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

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