UNITED v. MENDOZA, 218 Fed.Appx. 315 (5th Cir. 2007)

UNITED STATES of America, Plaintiff-Appellee, v. Abelardo MENDOZA, Defendant-Appellant.

No. 04-50748, Conference Calendar.United States Court of Appeals, Fifth Circuit.
February 14, 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[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]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.

Abelardo Mendoza, Fort Dix, NJ, pro se.

Wayne Frost, Midland, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Western District of Texas, USDC No. 7:04-CR-52-1.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

The attorney appointed to represent Abelardo Mendoza on appeal has moved for leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Mendoza has responded to counsel’s motion. Our independent review of the brief, the record, and Mendoza’s response

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discloses no nonfrivolous issue in this appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH Cm. R. 42.2.