Case: 10-51146 Document: 00511699194 Page: 1 Date Filed: 12/19/2011

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

FILED December 19, 2011 No. 10-51146 Conference Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOSE HILARIO OJEDA-LUNA,

Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 4:10-CR-261-4

Before KING, HAYNES, and GRAVES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Jose Hilario Ojeda-Luna 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). Ojeda-Luna 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 no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED,

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-51146 Document: 00511699194 Page: 2 Date Filed: 12/19/2011

No. 10-51146

counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

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