Case: 09-20866 Document: 00511352353 Page: 1 Date Filed: 01/14/2011

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

FILED January 14, 2011

No. 09-20866 Lyle W. Cayce Summary Calendar Clerk

UNITED STATES OF AMERICA,

Plaintiff - Appellee v.

DAVID HENRY ANTHONY, also known as David Stubblefield, also known as David Anthony Chacon,

Defendant - Appellant

Appeal from the United States District Court for the Southern District of Texas DCDN 4:08-CR-522-1

Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges. PER CURIAM:* The CJA-appointed counsel representing David Anthony has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Anthony has filed a response. Our independent review of the record, counsel’s brief, and Anthony’s response discloses no non-frivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-20866 Document: 00511352353 Page: 2 Date Filed: 01/14/2011

No. 09-41001

GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2.

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