United States v. Smith

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT September 23, 2004 Charles R. Fulbruge III Clerk No. 03-41332 Summary Calendar UNITED STATES OF AMERICA Plaintiff - Appellee v. ALBERT SMITH, III Defendant - Appellant -------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:03-CR-41-1 -------------------- Before KING, Chief Judge, and SMITH and BENAVIDES, Circuit Judges. PER CURIAM:* Counsel appointed to represent Albert Smith, III, has requested leave to withdraw from this appeal and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Smith has filed a response and a supplemental response. Our independent review of counsel’s brief, Smith’s response and supplemental response, and the record discloses no nonfrivolous issues for appeal. Counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 03-41332 -2- responsibilities, and the appeal is DISMISSED. See 5TH CIR. R. 42.2. APPEAL DISMISSED; MOTION TO WITHDRAW GRANTED.