United States v. Del Rio-Nava

                IN THE UNITED STATES COURT OF APPEALS

                          FOR THE FIFTH CIRCUIT
                        ________________________

                              No. 98-50010
                            Summary Calendar
                        ________________________

UNITED STATES OF AMERICA,

                             Plaintiff-Appellee,

     v.

JORGE LUIS DEL RIO-NAVA,
also know as Erasmus Mendoza Nava,

                             Defendant-Appellant

_________________________________________________________________

           Appeal from the United States District Court
                 for the Western District of Texas
                     USDC No. DR-97-CR-222-ALL
_________________________________________________________________

                            September 14, 1998

Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

     Assistant Federal Defender Philip J. Lynch has filed a brief

and motion to withdraw pursuant to Anders v. California, 396 U.S.

738 (1976).    Del Rio-Nava has filed a response to counsel’s

motion.

     We have independently reviewed the brief, Del Rio-Nava’s

response, and the record and found no nonfrivolous issue.

Accordingly, counsel is excused from further responsibilities

herein and the APPEAL IS DISMISSED.         5TH CIR. R. 42.2.

     MOTION TO WITHDRAW GRANTED; APPEAL DISMISSED.


     *
         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opinion should not be published and is not precedent except under the limited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.