United States v. Kimble

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 30, 2009 No. 08-40741 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. DAMIEN EARL KIMBLE Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:07-CR-218-1 Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Damien Earl Kimble has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Kimble has filed a response. Our independent review of the record, counsel’s brief, and Kimble’s response discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.