United States v. Mackey

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 25, 2006

Charles R. Fulbruge III Clerk No. 05-51414 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CURTIS DWAYNE MACKEY,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 5:04-CR-332-1 --------------------

Before JOLLY, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM:*

Counsel appointed to represent Curtis Dwayne Mackey has

moved for leave to withdraw and has filed a brief in accordance

with Anders v. California, 386 U.S. 738 (1967). Mackey has filed

a response in which he requests the appointment of new counsel.

Our independent review of counsel’s brief, the record, and

Mackey’s response discloses no nonfrivolous issue for appeal.

Accordingly, counsel’s motion for leave to withdraw is GRANTED,

counsel is excused from further responsibilities herein, and the

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-51414 -2-

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. Mackey’s motion for

appointment of new counsel is DENIED.