United States v. Renee Hamilton

Case: 11-50610 Document: 00511904213 Page: 1 Date Filed: 06/28/2012 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 28, 2012 No. 11-50610 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RENEE CALLIDA HAMILTON, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:11-CR-467-2 Before HIGGINBOTHAM, DAVIS and ELROD, Circuit Judges. PER CURIAM:* The attorney appointed to represent Renee Callida Hamilton has moved for leave to withdraw 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). Hamilton has filed a response in which she moves to dismiss her appeal without prejudice. Because Hamilton is not entitled to a dismissal without prejudice, see 5TH CIR. RULE 42.4, we have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-50610 Document: 00511904213 Page: 2 Date Filed: 06/28/2012 No. 11-50610 assessment that the appeal presents 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. Hamilton’s motion to dismiss without prejudice is DENIED. 2