United States v. Donald Vanderbilt

Case: 09-11017 Document: 00511122209 Page: 1 Date Filed: 05/26/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED May 26, 2010 No. 09-11017 c/w No. 09-11019 Lyle W. Cayce Summary Calendar Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DONALD RAY VANDERBILT, Defendant-Appellant Appeals from the United States District Court for the Northern District of Texas USDC No. 1:98-CR-67-2 USDC No. 1:09-CR-43-1 Before GARZA, CLEMENT, and OWEN, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Donald Ray Vanderbilt has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Vanderbilt has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-11017 Document: 00511122209 Page: 2 Date Filed: 05/26/2010 No. 09-11017 c/w No. 09-11019 withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEALS ARE DISMISSED. See 5 TH C IR. R. 42.2. 2