United States v. Earl

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 18, 2009 No. 08-10694 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. ROBERT LEE EARL Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:08-CR-29-ALL Before HIGGINBOTHAM, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Robert Lee Earl has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Earl has filed a response. Our independent review of the record, counsel’s brief, and Earl’s response discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to * Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. No. 08-10694 withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. 2