Case: 09-50718 Document: 00511274357 Page: 1 Date Filed: 10/26/2010

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

FILED October 26, 2010 No. 09-50718 Conference Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MARK DAVID CLOUD,

Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 6:09-CR-66-1

Before SMITH, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* The attorney appointed to represent Mark David Cloud has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Cloud has filed a response. Our independent review of the record, counsel’s brief, and Cloud’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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-50718 Document: 00511274357 Page: 2 Date Filed: 10/26/2010

No. 09-50718

DISMISSED. See 5 TH C IR. R. 42.2. Cloud’s motion for appointment of substitute counsel is DENIED.

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