United States v. Rios-Pena

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-40598 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus OSCAR RIOS-PENA, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. M-98-CR-17-ALL - - - - - - - - - - December 10, 1998 Before DAVIS, DeMOSS and STEWART, Circuit Judges. PER CURIAM:* Court-appointed counsel for Oscar Rios-Pena has moved for leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Rios-Pena has not filed a response. Our independent review of the brief and the record discloses no nonfrivolous issue. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.