United States v. Garza

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS April 24, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 02-20537 c/w No. 02-20598 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

HUGO GARZA GARZA,

Defendant-Appellant.

-------------------- Appeals from the United States District Court for the Southern District of Texas USDC No. H-01-CR-258-ALL USDC No. H-00-CR-775-5 --------------------

Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

Counsel appointed to represent Hugo Garza Garza ("Garza") on

appeal has moved for leave to withdraw as counsel and has filed a

brief as required by Anders v. California, 386 U.S. 738 (1967).

Garza has filed an untimely response to counsel's motion and

brief. Our independent review of the record discloses no

non-frivolous issue for appeal. Accordingly, counsel's motion

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-20537 c/w No. 02-20598 -2-

for leave to withdraw is GRANTED, counsel is excused from further

responsibilities herein, and the APPEAL IS DISMISSED. See 5TH

CIR. R. 42.2.