United States v. Hernandez

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 23, 2005 Charles R. Fulbruge III Clerk No. 04-10716 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SHELLEY IRENE HERNANDEZ, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Northern District of Texas (3:04-CR-13-ALL-K) -------------------- Before WIENER, STEWART, and DENNIS, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Shelley Irene Hernandez has requested leave to withdraw based on an appeal waiver in Hernandez’s plea agreement and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Hernandez has filed a response. Our independent review of the brief, Hernandez’s response, and the record discloses no nonfrivolous issue. Accordingly, the motion for leave to withdraw is GRANTED, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.