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, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.