United States v. Amaya-Arce

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 18, 2009 No. 08-40346 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. GABRIEL AMAYA-ARCE, also known as Esquivel Bocanegra Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:07-CR-1143-1 Before HIGGINBOTHAM, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Gabriel Amaya-Arce has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Amaya-Arce has not responded. Our independent review of the record and counsel’s brief 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 5 TH C IR. R. 42.2. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR.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.