United States v. Reyes

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS August 30, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 05-10723 Summary Calendar UNITED STATES OF AMERICA Plaintiff-Appellee v. NATHAN REYES Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 2:05-CR-4-ALL Before WIENER, GARZA, and PRADO, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Nathan Reyes has moved for leave to withdraw and has filed an amended brief in accordance with Anders v. California, 386 U.S. 738 (1967). Reyes has filed a response in which he claims, inter alia, that his trial counsel was ineffective for failing to move for a judgment of acquittal. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-10723 Our independent review of the record, counsel’s brief, and Reyes’s response discloses no nonfrivolous issue for appeal. Accordingly, 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. 2