United States v. Avila

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS August 18, 2003

Charles R. Fulbruge III FOR THE FIFTH CIRCUIT Clerk

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No. 03-40173 USDC No. C-02-CR-244-1

Summary Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff - Appellee

v.

ALEJANDRO AVILA, JR, also known as Gregory Luis Salcedo

Defendant - Appellant

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Appeal from the United States District Court for the Southern of Texas _________________________________________________________________

Before KING, Chief Judge, and HIGGINBOTHAM and WIENER, Circuit Judges.

PER CURIAM:*

Alejandro Avila, Jr.’s, retained attorney, Albert A. Pena,

III, has moved to withdraw as appellate counsel. Retained counsel

may withdraw at will; therefore, the motion is GRANTED. As Avila

has not provided this court with any indication that his appeal has

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. merit, the APPEAL IS DISMISSED. 5th Cir. R. 42.2