United States v. Modica-Elvira

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-50354 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE ANTONIA MODICA-ELVIRA, Defendant- Appellant. _______________________________________ Appeal from the United States District Court for the Western District of Texas USDC No. A-99-CR-4-(1)-SS ________________________________________ November 15, 1999 Before HIGGINBOTHAM, DeMOSS and STEWART, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Jose Antonia Modica-Elvira has moved for leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Modica has received a copy of counsel’s motion and brief, and has filed a response. Our independent review of the brief, Modica’s response, and the record discloses no nonfrivolous issue. Accordingly, counsel’s 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.