United States v. Riojas

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
August 20, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20727
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VIRGINIA RIOJAS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-95-CR-142-49
--------------------
Before JONES, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Court-appointed counsel for Virginia Riojas has moved for
leave to withdraw from this appeal and has filed a brief pursuant
to Anders v. California, 386 U.S. 738 (1967). Riojas has filed a
response to the motion, contending that the district court erred
in determining her sentence and that the evidence was
insufficient to link her to the drug offense for which she was
convicted.

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No. 02-20727
-2-
Our independent review of the brief, the record, and Riojas’
response discloses no nonfrivolous issue for appeal. Riojas
waived the right to appeal her sentence, without exception. The
sentencing issues she asserts are waived. See United States v.
Melancon, 972 F.2d 566, 567 (5th Cir. 1992). Riojas’ knowing and
voluntary guilty plea waived any argument that the evidence was
insufficient to connect her with the offense. See Nobles v.
Beto, 439 F.2d 1001, 1002 n.1 (5th Cir. 1971).
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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