USA v. Ascencio
IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 08-40956 Conference Calendar June 16, 2009 Charles R. Fulbruge III Clerk
UNITED STATES OF AMERICA Plaintiff-Appellee v. WALLACE MCDONALD ASCENCIO Defendant-Appellant
Appeal from the United States District Court for the Southern District of Texas USDC No. 7:08-CR-302-ALL
Before SMITH, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Wallace McDonald Ascencio has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Ascencio has filed a response. Our independent review of the record, counsel's brief, and Ascencio'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 5 TH C IR. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
No. 08-40956 Ascencio's motions to proceed pro se on appeal and for the appointment of substitute counsel are DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
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