United States v. Swanson

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED March 10, 2009 No. 08-50254 consolidated with Charles R. Fulbruge III No. 08-50325 Clerk Summary Calendar UNITED STATES OF AMERICA Plaintiff-Appellee v. ROBERT SWANSON Defendant-Appellant Appeals from the United States District Court for the Western District of Texas USDC No. 5:05-CR-734-ALL Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges. PER CURIAM:* The attorney appointed to represent Robert Swanson (Swanson) in appeal No. 08-50254 has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Swanson has filed a response. Our independent review of the record, counsel’s brief, and Swanson’s response discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for * Pursuant to Fifth Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Fifth Circuit Rule 47.5.4. No. 08-50254 c/w No. 08-50325 leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and appeal No. 08-50254 IS DISMISSED. See 5th Cir. R. 42.2. The denial of relief in appeal No. 08-50325 IS AFFIRMED. 2