Case: 11-10093 Document: 00511640060 Page: 1 Date Filed: 10/21/2011

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

FILED October 21, 2011 No. 11-10093 Conference Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

CHADWICK DARAY HEATH,

Defendant-Appellant

Appeals from the United States District Court for the Northern District of Texas USDC No. 3:09-CR-329-3

Before BENAVIDES, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM:* The attorney appointed to represent Chadwick Daray Heath 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). Heath 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,

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-10093 Document: 00511640060 Page: 2 Date Filed: 10/21/2011

No. 11-10093

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

2