Case: 09-20751 Document: 00511254965 Page: 1 Date Filed: 10/06/2010

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

FILED October 6, 2010 No. 09-20751 Summary Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee v.

JOSE FRANCISCO MARTINEZ-MALDONADO, also known as Juan Jose Ferdin, also known as Jose Francisco Martinez, also known as Juan Martinez Ferdin,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:08-CR-421-1

Before JOLLY, GARZA, and STEWART, Circuit Judges. PER CURIAM:* The attorney appointed to represent Jose Francisco Martinez-Maldonado (Martinez) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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