Case: 12-40608 Document: 00512085454 Page: 1 Date Filed: 12/17/2012

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

FILED December 17, 2012 No. 12-40608 Conference Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

OSCAR GARZA-PERALES,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:12-CR-68-11

Before DAVIS, OWEN, and HIGGINSON, Circuit Judges. PER CURIAM:* The attorney appointed to represent Oscar Garza-Perales 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). Garza-Perales 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.