United States v. David Ramos

Case: 09-10918 Document: 00511205633 Page: 1 Date Filed: 08/17/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED August 17, 2010 No. 09-10918 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DAVID RAMOS, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:08-CR-98-17 Before DAVIS, SMITH, and WIENER, Circuit Judges. PER CURIAM:* The attorney appointed to represent David Ramos has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Ramos has filed a response. Our independent review of the record, counsel’s brief, and Ramos’s response discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. Ramos’s untimely request for appointment of new counsel * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 09-10918 Document: 00511205633 Page: 2 Date Filed: 08/17/2010 No. 09-10918 on appeal is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2