Case: 09-40681 Document: 00511085838 Page: 1 Date Filed: 04/20/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 20, 2010
No. 09-40681
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DERRICK TYRONE DAUGHERTY,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:08-CR-72-1
Before SMITH, PRADO, and HAYNES, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Derrick Tyrone
Daugherty has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California, 386 U.S. 738 (1967). Daugherty has not filed a
response. Our independent review of the record and counsel’s brief discloses no
nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-40681 Document: 00511085838 Page: 2 Date Filed: 04/20/2010
No. 09-40681
withdraw is GRANTED, counsel is excused from further responsibilities herein,
and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2.
2