United States v. Smith

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED May 28, 2009 No. 08-30924

Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA

Plaintiff-Appellee v.

DEREK SMITH, also known as Derek Anthony Smith

Defendant-Appellant

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:02-CR-385-1

Before WIENER, STEWART, and CLEMENT, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Derek Smith has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Smith has filed a response. Our independent review of the record, counsel’s brief, and Smith’s response 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 5 TH C IR. R. 42.2. Smith’s motion to supplement his response is DENIED.