Case: 09-20184 Document: 00511067588 Page: 1 Date Filed: 03/31/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 31, 2010
No. 09-20184
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ANTHONY RAY FOLEY,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:08-CR-331-1
Before KING, STEWART, and HAYNES, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Anthony Ray Foley has moved for
leave to withdraw and has filed a brief in accordance with Anders v. California,
386 U.S. 738 (1967). Foley has filed a response and moves for the appointment
of counsel. Our independent review of the record, counsel’s brief, and Foley’s
response discloses no nonfrivolous issue for appeal. Foley’s motion for
appointment of counsel is DENIED. Cf. United States v. Wagner, 158 F.3d 901,
902-03 (5th Cir. 1998) Accordingly, counsel’s motion for leave to withdraw 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-20184 Document: 00511067588 Page: 2 Date Filed: 03/31/2010
No. 09-20184
GRANTED, counsel is excused from further responsibilities herein, and the
APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2.
2