USA v. Javier Herrera-Chavez, No. 09-40192 (5th Cir. 2009)

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-40192 Summary Calendar December 23, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JAVIER HERRERA-CHAVEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:08-CR-1311-1 Before KING, STEWART, and HAYNES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Javier HerreraChavez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Herrera-Chavez has not filed a response. Our independent review of the record and counsel s brief discloses no nonfrivolous issue for appeal. * Accordingly, counsel s motion for leave to Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. No. 09-40192 withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. 2

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