United States v. Lymore

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 8, 2005

Charles R. Fulbruge III Clerk No. 04-30291 Summary Calendar

UNITED STATES OF AMERICA

Plaintiff - Appellee

v.

JOSEPH P LYMORE

Defendant - Appellant

-------------------- Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 03-CR-69-ALL-L --------------------

Before KING, Chief Judge, and WIENER and PRADO, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Joseph P. Lymore has

requested leave to withdraw and has filed a brief as required by

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

review of the briefs, record, and Mr. Lymore’s response discloses

no non-frivolous issues for appeal. Counsel’s motion for leave

to withdraw is granted, counsel is excused from further

responsibilities, and the appeal is dismissed. See 5TH CIR. R.

42.2. Lymore’s motion to proceed pro se is denied. See United

States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-30291 -2-

MOTION TO WITHDRAW GRANTED; MOTION TO PROCEED PRO SE DENIED;

APPEAL DISMISSED.