United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 21, 2004
Charles R. Fulbruge III
Clerk
No. 03-41327
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TEODORO CHARLES CASTILLO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-03-CR-407-1
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Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM:*
Appointed counsel for Teodoro Charles Castillo has moved for
permission to withdraw from this criminal appeal and has filed a
brief as required by Anders v. California, 386 U.S. 738 (1967).
Castillo has filed a response in which he requests to represent
himself on appeal. Castillo’s motion to proceed pro se on appeal
is DENIED as untimely. United States v. Wagner, 158 F.3d 901,
902-03 (5th Cir. 1998). Our independent review of counsel’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that this opinion should not be published and is not precedent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. 03-41327
-2-
brief, Castillo’s response, and the record discloses no
nonfrivolous issue for appeal.
We decline to address Castillo’s argument that counsel did
not adequately explain to him the provision in his plea agreement
waiving certain appellate rights. See United States v. Price, 95
F.3d 364, 369 (5th Cir. 1996). Our decision is without prejudice
to Castillo’s right to raise this claim in a motion pursuant to
28 U.S.C. § 2255. Massaro v. United States, 538 U.S. 500, ___,
123 S. Ct. 1690, 1694 (2003).
Counsel’s 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.