United States v. Ayala-Marin

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 20, 2004
• Docket: 03-30644
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 21, 2004

Charles R. Fulbruge III Clerk No. 03-30644 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE MIGUEL AYALA-MARIN, also known as Carlos Castenada- Hernandez, also known as Carlos Hernandez,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Middle District of Louisiana USDC No. 02-CR-130-C-ALL --------------------

Before JOLLY, JONES, and SMITH, Circuit Judges.

PER CURIAM:*

The Assistant Federal Public Defender appointed to represent

Jose Miguel Ayala-Marin has requested leave to withdraw and has

filed a brief as required by Anders v. California, 386 U.S. 738

(1967). Ayala-Marin has filed a response. Ayala-Marin’s request

for new counsel for his appeal is DENIED. Our independent review

of the brief, the record, and Ayala-Marin’s response discloses no

nonfrivolous issue. The motion for leave to withdraw is GRANTED,

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 03-30644 -2-

counsel is excused from further responsibilities herein, and the

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.