Case: 09-41212 Document: 00511484250 Page: 1 Date Filed: 05/20/2011




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

                                                 FILED
                                                                            May 20, 2011
                                     No. 09-41212
                                   Summary Calendar                         Lyle W. Cayce
                                                                                 Clerk

UNITED STATES OF AMERICA,

                                                   Plaintiff-Appellee

v.

RODOLFO FUENTES-MIRANDA,

                                                   Defendant-Appellant


                    Appeal from the United States District Court
                         for the Southern District of Texas
                              USDC No. 1:09-CR-214-1


Before JOLLY, GARZA and STEWART, Circuit Judges.
PER CURIAM:*
       The Federal Public Defender appointed to represent Rodolfo Fuentes-
Miranda 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). Fuentes-Miranda 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

       *
         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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-41212 Document: 00511484250 Page: 2 Date Filed: 05/20/2011

                               No. 09-41212

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




                                     2