USA v. Favela-Gonzalez, No. 06-51286 (5th Cir. 2008)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED September 12, 2008 No. 06-51286 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. JOSE LUIS FAVELA-GONZALEZ Defendant-Appellant Appeal from the United States District Court for the Western District of Texas (04-CR-459) Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges. PER CURIAM:* The attorney appointed to represent Jose Luis Favela-Gonzalez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,1 asserting that there are no nonfrivolous issues on appeal. FavelaGonzalez has not filed a response. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 1 386 U.S. 738 (1967). No. 06-51286 Counsel s brief has satisfied Anders requirements sufficiently to trigger our obligation to examine the record.2 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.3 2 3 See U.S. v. Acquaye, 452 F.3d 380, 381 (5th Cir. 2006). See 5TH CIR. R. 42.2. 2

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