USA v. Ortiz-Arozena

Filing 920060224

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 24, 2006 Charles R. Fulbruge III Clerk No. 05-40633 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAVIER ORTIZ-AROZENA, Defendant-Appellant. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 1:01-CR-239-ALL -------------------Before GARZA, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* The Federal Public Defender has moved for leave to withdraw from representation of Javier Ortiz-Arozena and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Ortiz-Arozena has filed a response in which he challenges the sentence imposed following his guilty plea to illegal reentry, which was the violation resulting in the revocation of his supervised release. Ortiz does not challenge the validity of the

revocation proceeding or the sentence imposed.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-40633 -2Our independent review of the brief, Ortiz-Arozena's response, and the record discloses no nonfrivolous issue for appeal. Accordingly, the motion for leave to withdraw is

GRANTED, counsel is excused from further responsibilities herein, and this appeal is DISMISSED. See 5TH CIR. R. 42.2.