Case: 09-40681 Document: 00511085838 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. 09-40681 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DERRICK TYRONE DAUGHERTY, Defendant-Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:08-CR-72-1

Before SMITH, PRADO, and HAYNES, Circuit Judges.

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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-40681 Document: 00511085838 Page: 2 Date Filed: 04/20/2010 No. 09-40681 withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2.