United States v. Johnny Davis

Case: 11-40684 Document: 00511764449 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. 11-40684 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOHNNY DAVIS, Defendant-Appellant Appeals from the United States District Court for the Southern District of Texas USDC No. 2:09-CR-895-1 Before REAVLEY, SMITH, and PRADO, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Johnny Davis 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). Davis 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 is GRANTED, counsel is * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-40684 Document: 00511764449 Page: 2 Date Filed: 02/22/2012 No. 11-40684 excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2