United States v. Alvear

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED August 20, 2008 No. 06-41525 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. RAMON ALVEAR Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:05-CR-96-8 Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges. PER CURIAM:* The attorney appointed to represent Ramon Alvear has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Alvear has filed a response and, through counsel, a motion for leave to file a pro se motion for resentencing. Our independent review of the record, counsel’s brief, Alvear’s response, and Alvear’s motion for resentencing discloses no nonfrivolous issue for appeal. Accordingly, the motion for leave to file a pro * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-41525 se motion for resentencing is DENIED, 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