IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-41487
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE ANTONIO RAMIREZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-00-CR-409-1
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December 12, 2001
Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Jose
Antonio Ramirez moves for leave to withdraw as appointed counsel
pursuant to Anders v. California, 386 U.S. 738 (1967). Ramirez
has filed a response.
In his response, Ramirez raises the following issues:
1) the indictment is insufficient because it failed to charge
every element of the 8 U.S.C. § 1326 offense; 2) the indictment
is insufficient because it fails to allege Ramirez’s prior felony
conviction; 3) Ramirez was not provided access to his country’s
*
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that this opinion should not be published and is not precedent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. 00-41487
-2-
consul pursuant to the Vienna Convention; 4) Ramirez did not
receive an adjustment to his sentence for his acceptance of
responsibility; and 5) the court erred by not departing downward
from the guideline range.
Our independent review of the appellate record and of the
possible issues raised by counsel and by Ramirez reveals no
nonfrivolous issue.
The motion for leave to withdraw is GRANTED, counsel is
excused from further responsibilities herein, and the APPEAL IS
DISMISSED. See 5TH CIR. R. 42.2.