United States v. Navarrete

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit

FILED
October 31, 2007
No. 06-11212
Summary Calendar Charles R. Fulbruge III
Clerk

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

ARMANDO NAVARRETE

Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:05-CR-122-2

Before KING, DAVIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Armando Navarrete
has moved for leave to withdraw and has filed a brief in accordance with Anders
v. California, 386 U.S. 738 (1967). Navarrete has filed a response, in which he
asserts that appellate counsel was ineffective for failing to argue that Navarrete
is not a career offender because his prior convictions were de facto consolidated.
Navarrete’s ineffective assistance claim is without merit. See United States v.

*
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should not be published and is not precedent except under the limited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. 06-11212

Hayes, 342 F.3d 385, 388 (5th Cir. 2003). Our independent review of the record,
counsel’s brief, and Navarrete’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.

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