Case: 11-10534 Document: 00511764543 Page: 1 Date Filed: 02/22/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 22, 2012
No. 11-10534
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
BILLY JOE SMITH,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:11-CR-102-1
Before BENAVIDES, STEWART, and HIGGINSON, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Billy Joe Smith in this
direct criminal appeal has moved for leave to withdraw and has filed a brief
pursuant to Anders v. California, 386 U.S. 738 (1967). See United States v.
Flores, 632 F.3d 229 (5th Cir. 2011). Smith has not filed a response. We have
reviewed counsel’s brief and the relevant portions of the record reflected therein.
We concur with counsel’s assessment that the appeal presents no nonfrivolous
issue for appellate review. Accordingly, counsel’s motion for leave to withdraw
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-10534 Document: 00511764543 Page: 2 Date Filed: 02/22/2012
No. 11-10534
is GRANTED, counsel is excused from further responsibilities herein, and the
APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.
2