United States v. DeLeon

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-50867

Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

VERSUS

ELIZABETH CASTILLO DELEON, Defendant-Appellant.

Appeal from the United States District Court for the Western District of Texas (SA-98-CR-54-ALL)

JUne 15, 1999

Before DAVIS, DUHÉ, and PARKER, Circuit Judges.

PER CURIAM:*

Court-appointed counsel for Elizabeth Castillo DeLeon has moved for leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). DeLeon has filed a response. Our independent review of the brief, the record, and Deleon’s response discloses no non-frivolous issue in this direct appeal. To the extent that her claims are based on ineffective assistance of counsel, DeLeon can raise them in a § 2255 proceeding pursuant to the waiver-of-appeal exception in her plea agreement. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED.