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, 386 U.S. 738 (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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.