United States v. Johnson

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED September 29, 2009 No. 08-11040 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ANTHONY LEON JOHNSON, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:05-CR-113-6 Before GARZA, CLEMENT, and OWEN, Circuit Judges. PER CURIAM:* The attorney appointed to represent Anthony Leon Johnson has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Johnson has not filed a timely response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw pursuant to Anders is GRANTED, counsel’s supplemental motion for leave to withdraw is DENIED as * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. No. 08-11040 unnecessary, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. 2