U.S. v. Oviedo-Galvan

Full title: UNITED STATES of America, Plaintiff-Appellee v. Primitivo OVIEDO-GALVAN…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jun 16, 2009

326 F. App'x 808 (5th Cir. 2009)

Opinion

No. 08-41187 Conference Calendar.

June 16, 2009.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Laura Fletcher Leavitt, Assistant Federal Public Defender, Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

Primitivo Oviedo-Galvan, Houston, TX, pro se.

Appeal from the United States District Court for the Southern District of Texas, USDC No. 7:08-CR-387-1.

Before SMITH, BENAVIDES, and HAYNES, Circuit Judges.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

The Federal Public Defender appointed to represent Primitivo Oviedo-Galvan has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Oviedo-Galvan has not filed a response. Our independent review of the record and counsel's brief 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.