United States v. Thibodeaux

Opinion

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

Charles R. Fulbruge III Clerk No. 06-10964 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSEPH CLEVELAND THIBODEAUX,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 5:06-CR-24-2 --------------------

Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Joseph Cleveland

Thibodeaux has moved for leave to withdraw and has filed a brief

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

Thibodeaux filed a response and has moved for the appointment of

substitute counsel. Our independent review of counsel’s brief,

Thibodeaux’s response, and the record 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 APPEAL IS DISMISSED. See

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-10964 -2-

5TH CIR. R. 42.2. The motion for the appointment of substitute

counsel is DENIED.