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UNITED STATES of America, Plaintiff-Appellee, v. Virginia RIOJAS, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2003-08-20No. No. 02-20727
71 F. App'x 408

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Opinion

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PER CURIAM.

Court-appointed counsel for Virginia Riojas has moved for leave to withdraw from this appeal and has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Riojas has filed a response to the motion, contending that the district court erred in determining her sentence and that the evidence was insufficient to link her to the drug offense for which she was convicted.

Our independent review of the brief, the record, and Riojas’ response discloses no nonfrivolous issue for appeal. Riojas waived the right to appeal her sentence, without exception. The sentencing issut® she asserts are waived. See United States v. Melancon, 972 F.2d 566, 567 (5th Cir. 1992). Riojas’ knowing and voluntary guilty plea waived any argument that the evidence was insufficient to connect her with the offense. See Nobles v. Beto, 439. F.2d 1001, 1002 n. 1 (5th Cir.1971).

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.