Case: 09-41050 Document: 00511182020 Page: 1 Date Filed: 07/22/2010

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED July 22, 2010 No. 09-41050 Summary Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOHN HOWARD GUNTER,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:09-CR-299-1

Before GARZA, CLEMENT, and OWEN, Circuit Judges. PER CURIAM:* The attorney appointed to represent John Howard Gunter has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Gunter 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 GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 09-41050 Document: 00511182020 Page: 2 Date Filed: 07/22/2010 No. 09-41050

See 5 TH C IR. R. 42.2. Counsel’s motion for leave to withdraw due to his appointment as a United States Magistrate Judge is DENIED as moot.

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