Case: 09-40661 Document: 00511049709 Page: 1 Date Filed: 03/12/2010

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED March 12, 2010 No. 09-40661 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. KOY WAYNE DODD, Defendant-Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:08-CR-124-1

Before BENAVIDES, PRADO and SOUTHWICK, Circuit Judges.

PER CURIAM:* The Federal Public Defender appointed to represent Koy Wayne Dodd has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Dodd 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.

See 5 TH C IR. R. 42.2.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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