United States v. Phillips

Case: 08-50875 Document: 00511315159 Page: 1 Date Filed: 12/08/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 8, 2010 No. 08-50875 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. WILLIE E. PHILLIPS, also known as Big Willie, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 5:02-CR-395-1 Before KING, BENAVIDES, and PRADO, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Willie E. Phillips has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Phillips has filed a response, requesting the appointment of counsel. Our independent review of the record, counsel’s brief, and Phillips’s response discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 08-50875 Document: 00511315159 Page: 2 Date Filed: 12/08/2010 No. 08-50875 further responsibilities herein, Phillips’s motion to appoint counsel is DENIED, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. 2