United States v. Vargas-Santibanes

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 21, 2003
• Docket: 02-21293
• Status: Unpublished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 October 22, 2003

Charles R. Fulbruge III Clerk No. 02-21293 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ABEL VARGAS-SANTIBANES,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-02-CR-322-2 --------------------

Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.

PER CURIAM:*

Counsel appointed to represent Abel Vargas-Santibanes has

filed a motion for leave to withdraw and has filed a brief as

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

has not filed a response. Our independent review of the brief

and the record discloses no nonfrivolous issue in this direct

appeal. Accordingly, the motion for leave 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.