United States v. Torres-Vargas

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 18, 2009 No. 07-41136 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. EUSTROGIO TORRES-VARGAS Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:05-CR-673-ALL Before HIGGINBOTHAM, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Eustrogio Torres- Vargas has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Torres-Vargas has filed a response. Our independent review of the record, counsel’s brief, and Torres-Vargas’s response discloses no nonfrivolous issue for appeal. Accordingly, counsel’s * Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. No. 07-41136 motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. 2