U.S. v. LOPEZ-GOMEZ, 393 Fed.Appx. 194 (5th Cir. 2010)
UNITED STATES of America, Plaintiff-Appellee v. Rigoberto LOPEZ-GOMEZ,Defendant-Appellant.
No. 09-50827 Summary Calendar.United States Court of Appeals, Fifth Circuit.
August 26, 2010.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, for Plaintiff-Appellee.
Daniel Salvador Gonzalez, El Paso, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Western District of Texas, USDC No. 3:09-CR-1503-1.
Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.
PER CURIAM:[fn*]
[fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
The Federal Public Defender appointed to represent Rigoberto Lopez-Gomez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Lopez-Gomez has not filed a response. He recently has been released from imprisonment and removed from the United States.
Our independent review of the record and counsel's brief discloses no nonfrivolous issue for appeal. Accordingly, counsel'sPage 195
motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED in part as frivolous, see 5TH CIR. R. 42.2, and in part as moot. See United States v.Rosenbaum-Alanis, 483 F.3d 381, 383 (5th Cir. 2007).