Case: 09-50843 Document: 00511323451 Page: 1 Date Filed: 12/16/2010

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

FILED December 16, 2010 No. 09-50843 Summary Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

GARY WAYNE URUBEK,

Defendant-Appellant.

Appeal from the United States District Court for the Western District of Texas No. 6:09-CR-60-1

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges. PER CURIAM:* The attorney appointed to represent Gary Urubek has moved for leave to withdraw and has filed briefs in accordance with Anders v. California,

(1967). Urubek has not filed a response. Our independent review of the rec- ord and counsel’s briefs discloses no nonfrivolous issue for appeal. Accordingly, the 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.