Case: 18-30687 Document: 00514849838 Page: 1 Date Filed: 02/25/2019

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 18-30687 February 25, 2019 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ANTHONY F. GIAIMIS, also known as Tony Giaimis, Defendant-Appellant

Appeal from the United States District Court for the Western District of Louisiana USDC No. 2:12-CR-74-3

Before DENNIS, CLEMENT, and SOUTHWICK, Circuit Judges.

PER CURIAM: * The Federal Public Defender appointed to represent Anthony F. Giaimis in this appeal from the denial of his 18 U.S.C. § 3582(c)(2) motion has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Giaimis has filed a response wherein he moves to dismiss his § 3582(c)(2) motion without prejudice.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-30687 Document: 00514849838 Page: 2 Date Filed: 02/25/2019

No. 18-30687 We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Giaimis’s response. 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 5TH CIR. R. 42.2. Giaimis’s motion to withdraw his § 3582(c)(2) motion without prejudice is DENIED. See United States v. Calton, 900 F.3d 706, 710- (5th Cir. 2018).