United States v. Aldaco-Torres , 312 F. App'x 645 ( 2009 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 27, 2009
No. 08-40224
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JOSE ANTONIO ALDACO-TORRES
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:08-CR-1-1
Before JOLLY, BENAVIDES, and HAYNES, Circuit Judges.
PER CURIAM:*
The Federal Public Defender (FPD) appointed to represent Jose Antonio
Aldaco-Torres moved for leave to withdraw and filed a brief in accordance with
Anders v. California, 386 U.S. 738 (1967). This court previously issued an order
identifying a nonfrivolous issue regarding whether the district court properly
calculated the advisory guidelines range of imprisonment. United States v.
Aldaco-Torres, No. 08-40224, slip op. at 1-2 (5th Cir. Nov. 4, 2008). The court
*
Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
No. 08-40224
denied counsel’s motion to withdraw and ordered counsel to brief the
nonfrivolous issue and any other meritorious issues. Id. The FPD moved for
reconsideration, explaining why the issue that the court identified was without
merit. The FPD also requested that this court grant the previously-filed Anders
motion. On December 1, 2008, this court issued an order granting the motion
for reconsideration and granting the motion to withdraw. United States v.
Aldaco-Torres, No. 08-40224, slip op. (5th Cir. Dec. 1, 2008). As this appeal
presents no nonfrivolous issues, the APPEAL IS DISMISSED. See 5th Cir. R.
42.2.
2