United States v. Jamie Rubio

Case: 09-40906 Document: 00511149003 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. 09-40906

Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff-Appellee v.

JAMIE RUBIO,

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.

PER CURIAM:*

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 (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 5 TH C IR. R. 42.2. The Government’s motion to dismiss is DENIED.