United States v. Diane Dixon

Case: 10-40664 Document: 00511436850 Page: 1 Date Filed: 04/06/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 6, 2011 No. 10-40664 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, v. DIANE MICHELE DIXON, also known as Diane Michele Johnson, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:09-CR-203-1 Before WIENER, PRADO, and OWEN, Circuit Judges. PER CURIAM:* The attorney appointed to represent Diane Michele Dixon 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). Dixon has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Dixon’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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-40664 Document: 00511436850 Page: 2 Date Filed: 04/06/2011 No. 10-40664 GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. Dixon’s motion for release pending appeal is DENIED. See 18 U.S.C. § 3143(b). 2