Case: 10-40732 Document: 00511450409 Page: 1 Date Filed: 04/19/2011

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

FILED April 19, 2011 No. 10-40732 Conference Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

CARLOS GOVANI HERNANDEZ-DIAZ, also known as Carlos Geovani Hernandez, also known as Carlos Geovani Hernandez-Diaz,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:10-CR-691-1

Before JOLLY, OWEN, and HAYNES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Carlos Govani Hernandez-Diaz has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967), and United States v. Flores,

(5th Cir. 2011). Hernandez-Diaz has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-40732 Document: 00511450409 Page: 2 Date Filed: 04/19/2011

No. 10-40732

no nonfrivolous issue for appellate review. 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.

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