United States v. Flores-Bautista

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-20246 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ISIDRO FLORES-BAUTISTA, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CR-438-01 - - - - - - - - - - December 16, 1999 Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Isidro Flores-Bautista (Flores) has moved for leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Counsel argues that Flores’s guilty-plea hearing complied with Fed. R. Crim. P. 11 and that Flores received a legal sentence within the applicable guidelines range. Flores has filed a response in which he asserts that: 1) the district court erred by denying his motion for a downward departure from * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 99-20246 -2- the recommended sentencing guidelines range; 2) provisions of the Speedy Trial Act and of internal Immigration and Naturalization Service guidelines were violated ; and 3) he received ineffective assistance of counsel. Our independent review of counsel’s Anders brief, the record, and Flores’s response 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.