United States v. Vasquez ( 1999 )

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40911
SUMMARY CALENDAR
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
JUAN MANUEL VASQUEZ, JR.,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Texas
(L-98-CR-104-1)
June 28, 1999
Before DAVIS, DUHÉ, and PARKER, Circuit Judges.
PER CURIAM 1:
Court-appointed counsel for Juan Manuel Vasquez (“Vasquez”),
having concluded that there is no meritorious basis for an appeal,
has moved to withdraw as counsel on appeal and has supplemented his
motion with a brief, in compliance with Anders v. California, 386
U.S. 738 (1967).
Under Anders, a court-appointed attorney may withdraw if he
makes a conscientious examination of the case and finds the appeal
wholly frivolous. See Anders, 386 U.S. at 744. To comply with
Anders, counsel must isolate "possibly important issues" and
1
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this opinion should not be published and is not precedent except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.
"furnish the court with references to the record and legal
authorities to aid it in its appellate function." United States v.
Johnson, 527 F.2d 1328, 1329 (5th Cir. 1976). After the appellant
is given an opportunity to respond, the court makes a full
examination of the record to determine whether the case is
frivolous. See Anders, 386 U.S. at 744.
Counsel here has fully complied with the Anders requirements.
Vasquez has been advised by the Court of his right to respond to
counsel's motion by raising any points he contends are appealable.
Vasquez failed to raise any such points. Having carefully reviewed
the entire record, which includes the transcript of the guilty-plea
hearing and oral plea agreement, we find no arguable merit in the
appeal. Accordingly, we grant counsel's motion to withdraw and
dismiss the appeal.
DISMISSED.