Case: 09-20823 Document: 00511315708 Page: 1 Date Filed: 12/08/2010

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

FILED December 8, 2010 No. 09-20823 Conference Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOSE RAMON RUBACALBA, also known as Jose Ramon Rubalcaba, also known as Jose Ramon Rubacaba, also known as Jose Rubalcaba, also known as Jose Ramon Rubalcalba,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:09-CR-402-1

Before KING, BENAVIDES, and PRADO, Circuit Judges. PER CURIAM:* The attorney appointed to represent Jose Ramon Rubacalba has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Rubacalba 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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-20823 Document: 00511315708 Page: 2 Date Filed: 12/08/2010

No. 09-20823

excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2.

2