United States v. Flores-De La Cruz

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-51201 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GERARDO ANTONIO FLORES-DE LA CRUZ Defendant-Appellant. -------------------- Appeal from the United States District Court for the Western District of Texas USDC No. EP-99-CR-58-ALL -------------------- August 21, 2001 Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges. PER CURIAM:* Gerardo Antonio Flores-De La Cruz’s appointed counsel has filed a motion for leave to withdraw as counsel and a brief in support in accordance with Anders v. California, 386 U.S. 738, 744 (1967). Flores-De La Cruz has received a copy of counsel’s motion and brief but has not filed a response. Although counsel did not address the validity of the revocation of Flores-De La Cruz’s supervised release, our independent review of the record and counsel’s brief reveals that both the revocation and the sentence were valid and that there are no nonfrivolous issues for * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-51201 -2- appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities in this case, and the APPEAL IS DISMISSED.