Case: 09-30775 Document: 00511085803 Page: 1 Date Filed: 04/20/2010

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 20, 2010 No. 09-30775 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARK HOLPER, Defendant-Appellant

Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:08-CR-142-1

Before SMITH, PRADO, and HAYNES, Circuit Judges.

PER CURIAM:* The attorney appointed to represent Mark Holper has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Holper has filed a response. Our independent review of the record, counsel’s brief, and Holper’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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.