Case: 09-41276 Document: 00511244316 Page: 1 Date Filed: 09/24/2010

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

FILED September 24, 2010 No. 09-41276 Summary Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

GREGORY LUCAS PENA,

Defendant-Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:07-CR-184-14

Before JOLLY, GARZA, and STEWART, Circuit Judges. PER CURIAM:* The attorney appointed to represent Gregory Lucas Pena has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Pena 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.