United States v. Kleinsmith

Opinion

United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS F I L E D FOR THE FIFTH CIRCUIT April 18, 2007

No. 06-30728 Charles R. Fulbruge III Conference Calendar Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

FREDERICK JOHN KLEINSMITH, III,

Defendant-Appellant.

-------------------- Appeals from the United States District Court for the Eastern District of Louisiana USDC No. 2:04-CR-233-ALL USDC No. 2:05-CR-241-ALL --------------------

Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Frederick

John Kleinsmith, III, has moved for leave to withdraw and has

filed a brief in accordance with Anders v. California, 386 U.S.

738 (1967). Kleinsmith has not filed a response. Our

independent review of the record and counsel’s brief shows that

there is no nonfrivolous issue for appeal. 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.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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