United States v. Calderon

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
May 2, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-10911
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARTIN A. CALDERON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:03-CR-88-ALL
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Before REAVLEY, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
The Federal Public Defender, appointed to represent Martin
A. Calderon (Calderon) on appeal, has requested leave to withdraw
and has filed a brief as required by Anders v. California, 386
U.S. 738 (1967). Calderon, who was convicted by a jury of
conspiracy to commit kidnaping and kidnaping and aiding and
abetting, received a copy of counsel’s motion and has filed a
response. Calderon has also filed a motion for leave to amend

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No. 05-10911
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his response and has requested that the court appoint new
counsel.
Our independent review of counsel’s brief, Calderon’s
response, and the record discloses no issue of arguable merit for
appeal. Accordingly, Calderon’s motion for leave to amend his
response to counsel’s Anders’ brief is GRANTED; Calderon’s motion
for appointment of new counsel is DENIED. 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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