Case: 09-11066 Document: 00511274364 Page: 1 Date Filed: 10/26/2010

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

FILED October 26, 2010 No. 09-11066 Conference Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

OMAR HERNANDEZ, also known as Pistolero, formerly known as FNU LNU - 20,

Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:08-CR-267-20

Before SMITH, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* The attorney appointed to represent Omar Hernandez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Hernandez has responded by filing a motion for appointment of new counsel. Our independent review of the record, counsel’s brief, and Hernandez’s motion discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-11066 Document: 00511274364 Page: 2 Date Filed: 10/26/2010

No. 09-11066

further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. Hernandez’s motion for appointment of new counsel is DENIED.

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