Case: 10-20176 Document: 00511382227 Page: 1 Date Filed: 02/15/2011

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

FILED February 15, 2011 No. 10-20176 Conference Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

EUSTOLIO GARCIA PONCE, also known as Eustolio Garcia,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:09-CR-516-1

Before HIGGINBOTHAM, GARZA, and ELROD, Circuit Judges. PER CURIAM:* The attorney appointed to represent Eustolio Garcia Ponce has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Garcia Ponce 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.