United States v. Favela-Gonzalez

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UNITED STATES of America, Plaintiff-Appellee v. Jose Luis FAVELA-GONZALEZ, Defendant-Appellant.

No. 06-51286

United States Court of Appeals, Fifth Circuit.

Sept. 12, 2008.

Summary Calendar.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney‘s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Regina Bernadette Arditti, El Paso, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges.

PER CURIAM:^*

The attorney appointed to represent Jose Luis Favela-Gonzalez 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),¹ asserting that there are no nonfrivolous issues on appeal. Favela-Gonzalez has not filed a response.

Counsel‘s brief has satisfied Anders’ requirements sufficiently to trigger our obligation to examine the record.² Our independent review of the record and counsel‘s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel‘s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED.³

Notes

1

386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

2

See

U.S. v. Acquaye, 452 F.3d 380, 381 (5th Cir.2006).

3

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Case Details

Case Name: United States v. Favela-Gonzalez

Court Name: Court of Appeals for the Fifth Circuit

Date Published: Sep 12, 2008

Citation: 293 F. App'x 276

Docket Number: 06-51286

Court Abbreviation: 5th Cir.