United States v. Canales

United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS F I L E D FOR THE FIFTH CIRCUIT February 24, 2006 No. 04-40916 Charles R. Fulbruge III Conference Calendar Clerk UNITED STATES OF AMERICA, Plaintiff-Appellant, versus ELMER IVAN GARTH-DAVINSON CANALES, also known as Arnoldo Canales, Defendant-Appellee. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 1:01-CR-398-1 -------------------- Before GARZA, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* Court-appointed counsel for Elmer Ivan Garth-Davinson Canales has moved for leave to withdraw and has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). Davinson was notified of counsel’s motion, but he has not filed a response. Our review of counsel’s brief and the record discloses no nonfrivolous issue for appeal. The motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities, and the appeal is DISMISSED. See 5TH CIR. R. 42.2. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.