United States v. Gonzalez-Bautista , 133 F. App'x 974 ( 2005 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 10, 2005
Charles R. Fulbruge III
Clerk
No. 04-41188
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
VICENTE GONZALEZ-BAUTISTA
Defendant - Appellant
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:04-CR-14-ALL
--------------------
Before KING, Chief Judge, and JOLLY and CLEMENT, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Vicente Gonzales-
Bautista on appeal has requested leave to withdraw and has filed
a brief as required by Anders v. California, 386 U.S. 738 (1967).
Gonzales, who pleaded guilty to unlawfully reentering the United
States following a prior deportation, received a copy of
counsel’s motion and filed a response, asserting that (1) his
counsel was ineffective for failing to seek a downward departure
based on cultural assimilation; (2) the district court erred in
*
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this opinion should not be published and is not precedent except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.
No. 04-41188
-2-
informing him of the maximum penalty for unlawful reentry when he
pleaded guilty; and (3) his sentence is unlawful in light of
United States v. Booker, 125 S. Ct. 738 (2005).
Our independent review of the brief, the response and the
record discloses no non-frivolous issues for appeal. Counsel’s
motion for leave to withdraw is granted, counsel is excused from
further responsibilities, and the appeal is dismissed.
MOTION TO WITHDRAW GRANTED; APPEAL DISMISSED.