United States v. Clack

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 22, 2005

Charles R. Fulbruge III Clerk No. 04-41170 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MICHAEL SHANE CLACK,

Defendant-Appellant.

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Appeal from the United States District Court for the Southern District of Texas USDC No. 2:04-CR-181-1

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Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Court-appointed counsel for Michael Shane Clack moves this

court for leave to withdraw pursuant to Anders v. California,

386 U.S. 738 (1967), and has filed a brief in support of his

motion. Clack has not filed a response.

Our independent review of the brief and the record discloses

no nonfrivolous issue in this direct appeal. Accordingly, the

motion to withdraw is GRANTED, and counsel is excused from

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 04-41170 -2-

further responsibilities herein. The appeal is DISMISSED. See

5TH CIR. R. 42.2.