Case: 08-20117 Document: 00511158288 Page: 1 Date Filed: 06/29/2010

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED June 29, 2010 No. 08-20117 Summary Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

HERIBERTO GARZA-RANGEL,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:06-CR-181-4

Before JOLLY, WIENER, and ELROD, Circuit Judges. PER CURIAM:* The attorney appointed to represent Heriberto Garza-Rangel has moved for leave to withdraw and has filed briefs in accordance with Anders v. California,

(1967). Garza-Rangel has not filed a response. Our independent review of the record and counsel’s briefs 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.