United States v. Acevedo-Garcia

* 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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-50070
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALEJANDRO ACEVEDO-GARCIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-03-CR-629-ALL-DB
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Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.
PER CURIAM:*
Court-appointed counsel for Alejandro Acevedo-Garcia has
moved for leave to withdraw from this appeal and has filed a
brief pursuant to Anders v. California, 386 U.S. 738 (1967).
Counsel has notified this court that she has no information on
the whereabouts of her client and that it is her understanding
that soon after he was sentenced, he was deported to Mexico. She
asserted that she instructed him to communicate with her as soon
United States Court of Appeals
Fifth Circuit
F I L E D
August 18, 2004
Charles R. Fulbruge III
Clerk

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No. 04-50070
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as he was deported but that he has not done so. Thus, she was
unable to provide a certificate of service on him.
Our independent review of the brief and the record discloses
no nonfrivolous issue. 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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