USA v. Cortez
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit
No. 08-40255 Summary Calendar
December 15, 2008 Charles R. Fulbruge III Clerk
UNITED STATES OF AMERICA Plaintiff-Appellee v. DEMAS CORTEZ Defendant-Appellant
Appeal from the United States District Court for the Southern District of Texas (07-CR-731)
Before WIENER, STEWART, and CLEMENT, Circuit Judges. PER CURIAM:* The Federal Public Defender (FPD) appointed to represent DefendantAppellant Demas Cortez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Cortez has filed a response. This court is not able to resolve on direct appeal Cortez's
argument, raised for the first time on appeal, that the Government breached the plea agreement because the record is lacking in factual predicate concerning the existence of any subsidiary promise. See United States v.
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 08-40255 Corbett, 742 F.2d 173, 175-76 (5th Cir. 1984). Our independent review of the record, counsel's brief, and Cortez's response 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. See 5TH CIR. R. 42.2.
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