USA vs. Martinez-Monsivais, (5th Cir. 2002)

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IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 00-51136

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JESUS MARTINEZ-MONSIVAIS,

Defendant-Appellant.

Appeal from the United States District Court

for the Western District of Texas

USDC No. DR-99-CR-792-ALL-WWJ

June 19, 2002

Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:* Counsel appointed to represent Jesus Martinez-Monsivais on appeal has moved to withdraw and has filed a brief as required by Anders v. California,386 U.S. 738 (1967). Martinez-Monsivais has not filed a response. Our independent review of the brief and the record discloses no nonfrivolous issue. Accordingly, counsel's motion to withdraw is GRANTED. Counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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