Case: 09-40525 Document: 00511001518 Page: 1 Date Filed: 01/12/2010

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

FILED January 12, 2010 No. 09-40525 Summary Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

AUSENCIO CASTANEDA-RIVERA,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:08-CR-1411-1

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

(1967). Castaneda-Rivera 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

* Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. Case: 09-40525 Document: 00511001518 Page: 2 Date Filed: 01/12/2010 No. [5th Circuit Case No.]

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

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