United States v. Malcolm Guillory

Case: 12-30050 Document: 00511873692 Page: 1 Date Filed: 06/01/2012 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 1, 2012 No. 12-30050 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MALCOLM SCOTT GUILLORY, Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 2:05-CR-20142-1 Before HIGGINBOTHAM, DAVIS, and ELROD, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Malcolm Scott Guillory has moved for leave to withdraw in Guillory’s appeal of the district court’s order granting his motion under 18 U.S.C. § 3582(c)(2) and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Guillory has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-30050 Document: 00511873692 Page: 2 Date Filed: 06/01/2012 No. 12-30050 no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2