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.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:01-CR-398-1
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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this opinion should not be published and is not precedent except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.