United States v. Kellogg

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. 04-30649 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANTHONY A. KELLOGG,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 5:03-CR-50054 --------------------

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Counsel appointed for Anthony A. Kellogg has moved for leave

to withdraw and has filed a brief and a supplemental brief

pursuant to Anders v. California, 386 U.S. 738 (1967). Our

independent review of the briefs, Kellogg’s responses, and the

record discloses no nonfrivolous issue for appeal. The motion

for leave to withdraw is GRANTED, counsel is excused from further

responsibilities herein, and the APPEAL IS DISMISSED. See 5TH

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-30649 -2-

CIR. R. 42.2. Kellogg’s motion for “Judicial Review and Writ of

Coram [N]obis” is DENIED AS MOOT.