UNITED STATES of America, Plaintiff-Appellee v. Jose Antonio ALDACO-TORRES, Defendant-Appellant, 312 F. App'x 645

PER CURIAM: The Federal Public Defender (FPD) appointed to represent Jose Antonio Aldaco-Torres moved for leave to withdraw and filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). This court previously issued an order identifying a nonfrivolous issue regarding whether the district court properly calculated the advisory guidelines range of imprisonment. United States v. Aldaco-Torres, No. 08-40224, slip op. at 1-2 (5th Cir. Nov.4, 2008).

The court denied counsel’s motion to withdraw and ordered counsel to brief the nonfrivolous issue and any other meritorious issues. Id. The FPD moved for reconsideration, explaining-why the issue that the court identified was without merit. The FPD also requested that this court grant the previously-filed Anders motion. On December 1, 2008, this court issued an order granting the motion for reconsideration and granting the motion to withdraw. United States v. Aldaco-Torres, No. 08-40224, slip op. (5th Cir. Dec.l, 2008). As this appeal presents no nonfrivolous issues, 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.