Case: 10-10486 Document: 00511411131 Page: 1 Date Filed: 03/15/2011

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

FILED March 15, 2011 No. 10-10486 Summary Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff–Appellee,

v.

EDDIE LEE FINLEY,

Defendant–Appellant.

______________________

Cons w/ 10-10489 Summary Calendar ______________________

UNITED STATES OF AMERICA,

Defendant-Appellee,

v.

EDDIE LEE FINLEY, JR.

Plaintiff-Appellant.

Appeals from the United States District Court for the Northern District of Texas USDC No. 3:09-CR-232-1 and 3:09-CR-115-1 Case: 10-10486 Document: 00511411131 Page: 2 Date Filed: 03/15/2011

No. 10-10486 c/w 10-10489

Before WIENER, PRADO, and OWEN, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Eddie Lee Finley has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967), and United States v. Flores, ___ F.3d ___, No. 09- 41281,

(5th Cir. Jan. 31, 2011). Finley has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.

2