United States v. McKenzie

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 18, 2004 Charles R. Fulbruge III Clerk No. 03-40625 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSEPH EDWARD MCKENZIE, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. V-02-CR-56-ALL -------------------- Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges. PER CURIAM:* Court-appointed counsel for Joseph Edward McKenzie (“McKenzie”) has requested leave to withdraw from this appeal and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). McKenzie has received a copy of counsel’s motion and brief but has not filed a response. Our independent review of the brief and the record discloses no nonfrivolous issues for appeal. Counsel’s motion for leave to withdraw is GRANTED, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 03-40625 -2- counsel is excused from further responsibilities, and the appeal is DISMISSED. See 5TH CIR. R. 42.2. APPEAL DISMISSED; MOTION TO WITHDRAW GRANTED.