United States v. Hernandez-Cerda

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit F I L E D No. 04-40275 September 13, 2007 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. MARIO ALBERTO HERNANDEZ-CERDA Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:03-CR-275-2 Before KING, DAVIS, and CLEMENT, Circuit Judges. PER CURIAM:* The attorney appointed to represent Mario Alberto Hernandez-Cerda has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Hernandez-Cerda has filed a response. Our independent review of the record, counsel’s brief, and Hernandez-Cerda’s response discloses no nonfrivolous issue for appeal. Accordingly, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-40275 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