USA v. Ortiz-Esquivel, No. 08-40636 (5th Cir. 2009)

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-40636 Conference Calendar June 16, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. JORGE ORTIZ-ESQUIVEL Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:08-CR-115-1 Before SMITH, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Jorge Ortiz-Esquivel has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Ortiz-Esquivel has filed a response. Our independent review of the record, counsel s brief, and Ortiz-Esquivel s response discloses no nonfrivolous issue for appeal. Accordingly, counsel s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-40636 herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. Ortiz-Esquivel s motion for the appointment of counsel is DENIED. 2

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