United States v. Massey

Opinion

United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS FIFTH CIRCUIT October 18, 2006

Charles R. Fulbruge III Clerk No. 04-11092 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RANDY K. MASSEY,

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Texas (3:00-CR-335-ALL-R)

Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Randy

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

accordance with Anders v. California, 386 U.S. 738 (1967). Based

on our review of the record, counsel’s brief, and Massey’s

response, there are no nonfrivolous issues for appeal. (Massey’s

pro se motion to recuse the district judge is DENIED.)

Accordingly, the motion for leave to withdraw is GRANTED; counsel

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

DISMISSED. See 5th Cir. R. 42.2.