U.S. Court of Appeals for the Fifth Circuit, 2009

United States v. Smith

U.S. Court of Appeals for the Fifth Circuit · Decided May 28, 2009

325 F. App'x 400

Counsel

Juan M. Masini, U.S. Attorney’s Office Eastern District of Louisiana, New Orleans, LA, for Plaintiff-Appellee., Virginia Laughlin Schlueter, Federal Public Defender, Federal Public Defender’s Office Eastern District of Louisiana, New Orleans, LA, for Defendant-Appellant.

Opinion of the Court

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, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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 5th Cir. R. 42.2. Smith’s motion to supplement his response is DENIED.

Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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