Case: 09-41196 Document: 00511315822 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. 09-41196 Conference Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

HENRY VARGAS-DIAZ,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:09-CR-1639-1

Before KING, BENAVIDES, and PRADO, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Henry Vargas-Diaz has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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