United States v. James Harrison, Jr.

Case: 10-30917 Document: 00511508608 Page: 1 Date Filed: 06/14/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 14, 2011 No. 10-30917 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JAMES T. HARRISON, JR., Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:09-CF-279-9 Before JOLLY, GARZA, and STEWART, Circuit Judges. PER CURIAM:* The attorney appointed to represent James T. Harrison, Jr., 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). Harrison has filed a response, moving for the appointment of new counsel. This motion, however, is untimely. Cf. United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Harrison’s response. We concur with * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-30917 Document: 00511508608 Page: 2 Date Filed: 06/14/2011 No. 10-30917 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 5 TH C IR. R. 42.2. MOTION FOR APPOINTMENT OF COUNSEL DENIED. 2