IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 15, 2009 No. 09-30306 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. PHILLIP J. MESSINA, Defendant-Appellant

Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:06-CR-178-1

Before KING, JOLLY, and SOUTHWICK, Circuit Judges.

PER CURIAM:* The Federal Public Defender appointed to represent Phillip J. Messina in an appeal from the denial of his motion for a sentence reduction under 18 U.S.C. § 3582 has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Messina has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.

No. 09-30306 GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2.