IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40223
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERT BENAVIDEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-01-CR-139-2
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December 12, 2002
Before JOLLY, JONES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Court-appointed counsel for Robert Benavidez has requested
leave to withdraw and has filed a brief as required by Anders v.
California, 386 U.S. 738 (1967). Benavidez has filed an
opposition and a request for appointment of new counsel or
alternatively for permission to proceed pro se. Our independent
review of counsel’s brief, the record, and Benavidez’s response
discloses no nonfrivolous issue for appeal. Counsel’s motion 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that this opinion should not be published and is not precedent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. 02-40223
-2-
leave to withdraw is GRANTED, counsel is excused from further
responsibilities, and the appeal is DISMISSED. See 5TH CIR.
R. 42.2. Benavidez’s motion for appointment of new counsel or
alternatively for permission to proceed pro se is also DENIED.
ANDERS MOTION GRANTED; APPEAL DISMISSED; MOTION FOR
APPOINTMENT OF COUNSEL OR FOR PERMISSION TO PROCEED PRO SE
DENIED.