Case: 09-31020 Document: 00511449976 Page: 1 Date Filed: 04/19/2011

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

FILED April 19, 2011 No. 09-31020 Conference Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ANDRE K. FOUNTAIN, also known as Dre Fountain,

Defendant-Appellant

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:06-CR-314-1

Before JOLLY, OWEN, and HAYNES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Andre K. Fountain has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967), and United States v. Flores,

(5th Cir. 2011). Fountain 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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-31020 Document: 00511449976 Page: 2 Date Filed: 04/19/2011

No. 09-31020

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

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