United States, et al v. Toledo

* 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that this opinion should not be published and is not precedent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. 02-50618
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARTIN TOLEDO,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-01-CR-44-25-FB
--------------------
Before JONES, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Court-appointed counsel for Martin Toledo has moved for
leave to withdraw and has filed a brief pursuant to Anders v.
California, 386 U.S. 738 (1967). Toledo has filed a response
requesting that counsel’s motion be granted and that new counsel
be appointed, as well as a motion for an extension of time to
file a brief.
Our review of the briefs and of the record discloses no
nonfrivolous issue for appeal. Accordingly, the motion for

-- 1 of 2 --

No. 02-50618
-2-
leave to withdraw is GRANTED, counsel is excused from further
responsibilities, and the APPEAL IS DISMISSED. See 5TH CIR.
R. 42.2.
Toledo’s request for appointment of new counsel is DENIED as
moot, and his motion for an extension of time to file a brief is
DENIED.

-- 2 of 2 --