U.S. Court of Appeals for the Fifth Circuit, 2004

United States v. Rodriguez-Castillo

United States v. Rodriguez-Castillo
U.S. Court of Appeals for the Fifth Circuit · Decided April 20, 2004 · Jolly, Jones, Per Curiam, Smith
95 F. App'x 625

United States v. Rodriguez-Castillo

Opinion

PER CURIAM: *

The Federal Public Defender appointed to represent Gilberto Rodríguez-Castillo (Rodriguez) has moved for leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Rodriguez has filed a response, arguing that he received excessive criminal history points for his prior convictions, his criminal history score overrepresents the seriousness of his criminal history, the district court should have downwardly departed, and he should not have received a 16-level increase in his offense level for having a prior conviction for a crime of violence.

Our independent review of the brief, Rodriguez’s response, and the record discloses no nonfrivolous issue for appeal. 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.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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