USA, et al v. Lerma-Garcia

Filing 920070214


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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 14, 2007 Charles R. Fulbruge III Clerk No. 06-40022 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE GUADALUPE LERMA-GARCIA, Defendant-Appellant. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 1:05-CR-558-ALL -------------------Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges. PER CURIAM:* Counsel appointed to represent Jose Guadalupe Lerma-Garcia (Lerma) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). has filed a motion requesting the appointment of substitute counsel. Our independent review of counsel's brief, Lerma's Lerma response, and the record discloses no nonfrivolous issue for appeal. Accordingly, counsel's motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-40022 -2and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. The motion by Lerma for substitution of counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).

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