USA v. Aguilera, No. 07-40335 (5th Cir. 2007)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 07-40335 Conference Calendar December 12, 2007 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. MAURICIO AGUILERA Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:06-CR-918-ALL Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Mauricio Aguilera has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Aguilera has filed a response and moves for leave to proceed pro se on appeal. Aguilera s motion to proceed pro se is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). Our independent review of the record, counsel s brief, and Aguilera s 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 07-40335 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. 2

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