United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS February 11, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-51081
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GERARDO TAPIA-CARRILLO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-00-CR-569-3
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Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Patrick M. Stayton, the appointed appellate attorney for
defendant-appellant Gerardo Tapia-Carrillo (“Tapia”), has moved
for leave to withdraw and has filed a brief in accordance with
Anders v. California, 386 U.S. 738 (1967). Tapia has filed a
response brief to counsel’s motion but he fails to identify any
nonfrivolous issues for appeal. Although counsel’s brief fails
to address several variances from FED. R. CRIM. P. 11 during
*
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that this opinion should not be published and is not precedent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. 02-51081
-2-
rearraignment, our independent review of the record reflects that
those variances were not plain error and that there are no
nonfrivolous issues for appeal. Accordingly, Stayton’s motion
for leave to withdraw is GRANTED, Stayton is excused from further
responsibilities herein, and this appeal is DISMISSED. See 5TH
CIR. R. 42.2.