United States v. Rico

* 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that this opinion should not be published and is not precedent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
April 17, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-40470
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SERGIO ZUNIGA RICO,
also known as Juan Martinez Lopez,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-00-R-494-1
--------------------
Before JONES, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Court-appointed counsel for Sergio Zuniga Rico (“Rico”),
Ignacio Torteya, III, has filed a second motion to withdraw and a
supplemental brief pursuant to Anders v. California, 386 U.S. 738
(1967). Rico has filed a response wherein he argues that the
district court erred in considering his 1982 aggravated-robbery
conviction in assessing his sentence. Rico also argues that the

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No. 01-40470
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court erred in ordering that the sentence imposed for the instant
offense run consecutively to the sentence imposed upon the
revocation of his supervised release. Our review of the brief
filed by counsel and of the record discloses no nonfrivolous point
for appeal. Accordingly, the motion for leave to withdraw is
GRANTED, counsel is excused from further responsibilities with
respect to the representation of Rico, and the APPEAL IS DISMISSED.
See 5TH CIR. R. 42.2.
Although it is clear that Rico’s appeal presents no
nonfrivolous issue, counsel’s work in this appeal was of little
assistance to this court. Upon denying without prejudice counsel’s
first motion to withdraw, this court directed counsel to file a
supplemental brief addressing the voluntariness of Rico’s guilty
plea. However, counsel has merely resubmitted an identical copy of
his original brief to which he has added a single statement
indicating the date on which Rico was rearraigned. The
supplemental brief contains no discussion of the voluntariness of
the plea, or of the requirements of FED. R. CRIM. P. 11.
Accordingly, Torteya is ORDERED to show cause, within 15 days from
the date of this opinion, why this court should not order that he
not receive payment for services rendered and expenses incurred in
this appeal.
APPEAL DISMISSED; COUNSEL ORDERED TO SHOW CAUSE.

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