U.S. v. HOLGUIN-GONZALEZ, 239 Fed.Appx. 911 (5th Cir. 2007)

UNITED STATES of America, Plaintiff-Appellee v. Apolinar Guadalupe HOLGUIN-GONZALEZ, Defendant-Appellant.

No. 06-51704 Conference Calendar.United States Court of Appeals, Fifth Circuit.
September 6, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

John David Gates, Law Offices of John D. Gates, El Paso, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Western District of Texas, USDC No. 3:06-CR-2102-ALL.

Before DeMOSS, DENNIS, and OWEN, Circuit Judges.

PER CURIAM:[*]

[*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Court-appointed counsel for Apolinar Guadalupe Holguin-Gonzalez (Holguin) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Holguin has been deported and has not filed a response to counsel’s motion. 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 in part as frivolous, see 5TH CIR. R. 42.2, and in part as moot.

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