United States v. John Cheek

Case: 12-10113 Document: 00512120315 Page: 1 Date Filed: 01/22/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED January 22, 2013 No. 12-10113 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOHN RAY CHEEK, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:11-CR-157-1 Before SMITH, PRADO, and HIGGINSON, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent John Ray Cheek 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). Cheek has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Cheek’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-10113 Document: 00512120315 Page: 2 Date Filed: 01/22/2013 No. 12-10113 is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2