United States v. Gonzalez-Valverde

* 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this opinion should not be published and is not precedent except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 12, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-40418
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CAYETANO GONZALEZ-VALVERDE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:04-CR-2121-ALL
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Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Cayetano Gonzalez-
Valverde has requested leave to withdraw and has filed a brief as
required by Anders v. California, 386 U.S. 738 (1967). Gonzalez-
Valverde filed a motion to remand, which we treat as an untimely
response to the Anders brief. Our independent review of the
brief, the record, and Gonzalez-Valverde’s untimely response
discloses no nonfrivolous issues for appeal. Counsel’s motion
for leave to withdraw is granted, counsel is excused from further
responsibilities, and the appeal is dismissed. See 5TH CIR.

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No. 05-40418
-2-
R. 42.2. Gonzalez-Valverde’s separate motion seeking appointment
of counsel on appeal is denied as Gonzalez-Valverde has not
demonstrated incompatibility with his counsel or other most
pressing circumstances. See Fifth Circuit Plan under the
Criminal Justice Act, § 5; see also United States v. Route, 104
F.3d 59, 65 (5th Cir. 1997).
MOTION TO WITHDRAW GRANTED; APPEAL DISMISSED; MOTION FOR
APPOINTMENT OF COUNSEL DENIED.

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