United States v. Daryl McNair, Jr.

Opinion

Case: 13-50573 Document: 00512549260 Page: 1 Date Filed: 03/03/2014

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 13-50573 FILED Summary Calendar March 3, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff–Appellee,

v.

DARYL RAY MCNAIR, JR.,

Defendant–Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 5:10-CR-130-1

Before WIENER, OWEN, and HAYNES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Daryl Ray McNair, Jr., 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). McNair has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as McNair’s response. We concur with counsel’s assessment that the appeal presents no

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-50573 Document: 00512549260 Page: 2 Date Filed: 03/03/2014

No. 13-50573

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.