Case: 11-10618 Document: 00512048444 Page: 1 Date Filed: 11/08/2012

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

FILED November 8, 2012 No. 11-10618 Summary Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOSE AVEJA,

Defendant-Appellant

Appeals from the United States District Court for the Northern District of Texas USDC No. 3:10-CR-232-2

Before JONES, DENNIS, and HAYNES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Jose Aveja 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). Aveja 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, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.