Case: 11-31074 Document: 00511913089 Page: 1 Date Filed: 07/09/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
July 9, 2012
No. 11-31074
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOHN MENEWEATHER,
Defendant-Appellant
Appeals from the United States District Court
for the Western District of Louisiana
USDC No. 3:08-CR-261-1
Before CLEMENT, SOUTHWICK, and HAYNES, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent John Meneweather
has moved for leave to withdraw in Meneweather’s appeal of the district court’s
order denying 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). Meneweather has filed a response.
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Meneweather’s response. 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-31074 Document: 00511913089 Page: 2 Date Filed: 07/09/2012
No. 11-31074
assessment that the instant 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.
We note that in Meneweather’s response he seeks relief from the dismissal
of his direct criminal appeal (Case No. 09-30294) for failure to prosecute. The
instant appeal from the denial of his § 3582(c)(2) motion, however, is not the
proper forum for granting such relief.
2