United States v. Pena

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 25, 2006

Charles R. Fulbruge III Clerk No. 04-40866 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

PETE PENA,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:02-CR-384-1 --------------------

Before JOLLY, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM:*

Counsel appointed for Pete Pena has filed a motion for leave

to withdraw and briefs as required by Anders v. California,

386 U.S. 738 (1967). Pena has not filed a response. Our

independent review of counsel’s briefs and the record discloses

no nonfrivolous issue. Accordingly, counsel’s motion to withdraw

is GRANTED, counsel is excused from further responsibilities

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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