Summary Calendar UNITED STATES OF AMERICA v. Baldemar Cardenas

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 08-20113
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
BALDEMAR CARDENAS
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:00-CR-430-ALL
Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Baldemar Cardenas
has moved for leave to withdraw and has filed a brief in accordance with Anders
v. California, 386 U.S. 738 (1967). Cardenas has not filed a response.
Cardenas was serving a three-year term of supervised release when, in
February 2008, he was arrested for violating the terms of his supervised release
by failing to report to his probation officer. At his revocation hearing, Cardenas
United States Court of Appeals
Fifth Circuit
F I L E D
November 5, 2008
Charles R. Fulbruge III
Clerk

-- 1 of 2 --

No. 08-20113
2
pleaded “true” to the allegations; and he raised no objections. The district court
determined the advisory guideline range to be six to nine months imprisonment;
and it imposed a sentence of nine months imprisonment. Our independent
review of the record and counsel’s brief discloses no nonfrivolous issue for appeal.
Id. at 744.
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.

-- 2 of 2 --