United States v. Hernandez

* 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this opinion should not be published and is not precedent except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
April 18, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-20906
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PEDRO ANTONIO HERNANDEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:04-CR-455-7
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Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges.
PER CURIAM:*
Court-appointed counsel for Pedro Antonio Hernandez has
renewed his motion for leave to withdraw and has filed a brief as
required by Anders v. California, 386 U.S. 738 (1967). Hernandez
has not filed a response to the renewed motion.
Our independent review of counsel’s brief and the record
discloses no nonfrivolous issue. Accordingly, counsel’s motion
for leave to withdraw is GRANTED, counsel is excused from further
responsibilities herein, and the APPEAL IS DISMISSED. See 5TH

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No. 05-20906
-2-
CIR. R. 42.2. Hernandez’s motion to proceed in forma pauperis on
appeal and for appointment of new counsel is DENIED. His motion
for an extension of time to respond to counsel’s initial Anders
motion is DENIED as moot.

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