United States v. Oliva-Morales

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
F I L E D
No. 05-41772 September 18, 2007
Summary Calendar
Charles R. Fulbruge III
Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

JORGE ANTONIO OLIVA-MORALES,

Defendant-Appellant.

Appeal from the United States District Court
for the Southern District of Texas
No. 1:05-CR-467-ALL

Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Jorge Oliva-Morales
has moved for leave to withdraw and has filed a brief in accordance with Anders

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-41772

v. California, 386 U.S. 738 (1967). Oliva-Morales has not filed a response. Al-
though Oliva-Morales has been released from prison and removed from the Unit-
ed States, his appeal is not moot for purposes of our review. See Spencer v. Kem-
na, 523 U.S. 1, 7-12 (1998); United States v. Rosenbaum-Alanis, 483 F.3d 381,
383 (5th Cir. 2007); United States v. Lares-Meraz, 452 F.3d 352, 355 (5th Cir.
2006).
Our independent review of the record and counsel’s brief discloses no non-
frivolous 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