United States v. Larry Smith

Case: 11-10844 Document: 00512170580 Page: 1 Date Filed: 03/11/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED March 11, 2013 No. 11-10844 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. LARRY DALE SMITH, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 1:11-CR-8-1 Before WIENER, ELROD, and GRAVES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Larry Dale Smith 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). Smith 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 no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-10844 Document: 00512170580 Page: 2 Date Filed: 03/11/2013 No. 11-10844 excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2