Case: 09-51133 Document: 00511661326 Page: 1 Date Filed: 11/09/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
November 9, 2011
No. 09-51133
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
NYREE PETTAWAY,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:09-CR-549-1
Before HIGGINBOTHAM, DAVIS, and ELROD, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Nyree Pettaway 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).
Pettaway has filed motion to file an out-of-time direct appeal, which we construe
as a motion to file an out-of-time response and GRANT. Her motion for
appointment of substitute counsel is DENIED.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 09-51133 Document: 00511661326 Page: 2 Date Filed: 11/09/2011
No. 09-51133
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Pettaway’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 GRANTED, counsel is
excused from further responsibilities herein, and the APPEAL IS DISMISSED.
See 5TH CIR. R. 42.2.
2