United States v. Middleton

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 20, 2008 No. 07-50181 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. DONN RICHARDSON MIDDLETON Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:06-CR-2043-2 Before KING, WIENER, and ELROD, Circuit Judges. PER CURIAM:* The attorney appointed to represent Donn Richardson Middleton has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Middleton has filed a response. Our independent review of the record, counsel’s brief, and Middleton’s response discloses no nonfrivolous issue for appeal. Accordingly, the motion for leave to * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-50181 withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2