United States v. Rodriguez

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-41545 (Summary Calendar) UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SANTOS RODRIGUEZ, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas (B-98-CR-402-04) -------------------- December 11, 2000 Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges. PER CURIAM:* The attorney appointed to represent Defendant-Appellant Santos Rodriguez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Rodriguez was notified of counsel’s motion and brief but has not filed a response to counsel’s motion. Both counsel’s brief and our independent review of the record show that there are no nonfrivolous issues for appeal. Consequently, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. S:\OPINIONS\UNPUB\98\98-41545.0 4/29/04 4:51 am 2