Case: 07-41159 Document: 00511000154 Page: 1 Date Filed: 01/08/2010

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

FILED January 8, 2010 No. 07-41159 Summary Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

EDMUNDO RUFINO,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:05-CR-1776-2

Before JOLLY, WIENER and ELROD, Circuit Judges. PER CURIAM:* The attorney appointed to represent Edmundo Rufino has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Rufino has filed a response. Our independent review of the record, counsel’s brief, and Rufino’s response discloses no nonfrivolous issue for appeal. Accordingly, the motion for leave to withdraw is GRANTED, Rufino’s motion for appointment of substitute counsel is DENIED, counsel is excused

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 07-41159 Document: 00511000154 Page: 2 Date Filed: 01/08/2010 No. 07-41159

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

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