United States v. Peralta-Morales

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-20709 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARGARITO PERALTA-MORALES, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-01-CR-45-1 -------------------- January 23, 2002 Before DeMOSS, PARKER, and DENNIS, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Margarito Peralta-Morales on appeal has moved for leave to withdraw as counsel and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Peralta-Morales has filed a response to counsel's motion and brief, arguing that his attorney did not speak Spanish and that he entered the United States in search of medical care for injuries allegedly inflicted in a beating by a sheriff. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-20709 -2- Our independent review of the record discloses no nonfrivolous issue for appeal. Accordingly, counsel's motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. 5TH CIR. R. 42.2. DISMISSED. MOTION GRANTED.