Case: 10-40620 Document: 00511375043 Page: 1 Date Filed: 02/08/2011

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

FILED February 8, 2011 No. 10-40620 Summary Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOSE BARDALES-REYES,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:10-CR-274-1

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

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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