Summary Calendar UNITED STATES OF AMERICA v. Demas Cortez

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 08-40255
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
DEMAS CORTEZ
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
(07-CR-731)
Before WIENER, STEWART, and CLEMENT, Circuit Judges.
PER CURIAM:*
The Federal Public Defender (FPD) appointed to represent Defendant-
Appellant Demas Cortez has moved for leave to withdraw and has filed a brief
in accordance with Anders v. California, 386 U.S. 738 (1967). Cortez has filed
a response. This court is not able to resolve on direct appeal Cortez’s
argument, raised for the first time on appeal, that the Government breached
the plea agreement because the record is lacking in factual predicate
concerning the existence of any subsidiary promise. See United States v.
United States Court of Appeals
Fifth Circuit
F I L E D
December 15, 2008
Charles R. Fulbruge III
Clerk

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No. 08-40255
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Corbett, 742 F.2d 173, 175-76 (5th Cir. 1984). Our independent review of the
record, counsel’s brief, and Cortez’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 5TH CIR. R. 42.2.

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