IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50865
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTONY MICHAEL UPTON;
SANTA BARBARA CASTLE DEVELOPMENT CORP.,
a/k/a Castle Construction Corp.,
Defendants-Appellants.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. A-94-CR-10-4,5
- - - - - - - - - -
August 7, 1997
Before POLITZ, Chief Judge, SMITH and BENAVIDES, Circuit Judges.
PER CURIAM:*
Counsel was appointed by this court to assist Antony Michael
Upton in challenging the district court’s determination that any
appeal would be frivolous, thus denying Upton leave to proceed on
appeal in forma pauperis (IFP). Court-appointed counsel has
moved to withdraw as counsel pursuant to Anders v. California,
386 U.S. 738 (1967). Our independent review of counsel’s
statement of issues, Upton’s response, and the record discloses
*
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that this opinion should not be published and is not precedent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.
No. 96-50865
-2-
no nonfrivolous issue. Accordingly, counsel is excused from
further responsibilities herein, Upton’s motion for leave to
proceed IFP is DENIED, and the APPEAL IS DISMISSED. See 5th Cir.
R. 42.2.
Because no attorney has made an appearance on behalf of the
defendant corporation, the appeal is DISMISSED as to the
corporation for want of prosecution. See 5th Cir. R. 42.3.1; In
re K.M.A., Inc., 652 F.2d 398, 399 (5th Cir. Unit B 1981).
IFP DENIED. APPEAL DISMISSED.