No. 99-51023
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-51023
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICARDO ROJAS-GONZALEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-99-CR-1042-DB
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April 12, 2000
Before WIENER, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Ricardo
Rojas-Gonzales moves to withdraw as appellate counsel and has
filed a brief pursuant to Anders v. California, 386 U.S. 738
(1967). Rojas pleaded guilty to illegal reentry following
deportation in violation of 8 U.S.C. § 1326 and was sentenced to
41 months’ imprisonment, followed by three years’ supervised
release, and the mandatory special assessment of $100. Rojas
directed his counsel to appeal only his sentence, and counsel
addresses only the sentence adjudged against Rojas.
*
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that this opinion should not be published and is not precedent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. 99-51023
-2-
Rojas has filed a response. He concedes that his argument
that mere possession of heroin does not qualify as an aggravated
felony for purposes of U.S.S.G. § 2L1.2(b) is precluded by our
decision in United States v. Hinojosa-Lopez, 130 F.3d 691 (5th
Cir. 1997), but states that he wishes to preserve this issue for
review by the United States Supreme Court. He also argues that
his due process rights were violated because the term “drug
trafficking crime” is vague and does not provide adequate notice.
Our independent review of the brief and the record discloses
no nonfrivolous issue. Accordingly, the motion to withdraw is
GRANTED; counsel is excused from further responsibilities herein;
and the appeal is DISMISSED. 5TH CIR. R. 42.2.
MOTION GRANTED; APPEAL DISMISSED.