USA v. David Ramos, No. 09-10918 (5th Cir. 2010)

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Case: 09-10918 Document: 00511205633 Page: 1 Date Filed: 08/17/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-10918 Conference Calendar August 17, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DAVID RAMOS, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:08-CR-98-17 Before DAVIS, SMITH, and WIENER, Circuit Judges. PER CURIAM:* The attorney appointed to represent David Ramos has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Ramos has filed a response. Our independent review of the record, counsel s brief, and Ramos s response 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. Ramos s untimely request for appointment of new counsel * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 09-10918 Document: 00511205633 Page: 2 No. 09-10918 Date Filed: 08/17/2010 on appeal is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2

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