United States v. Watkins

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS December 14, 2005 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 04-40012 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

HUBERT GLENN WATKINS, JR.,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:03-CR-40-1 - - - - - - - - - -

Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.

PER CURIAM:*

Counsel appointed to represent Hubert Glenn Watkins, Jr., on

appeal has requested leave to withdraw and has filed a brief as

required by Anders v. California, 386 U.S. 738 (1967). Watkins

has filed a response requesting the appointment of substitute

counsel. Our independent review of the brief, Watkins’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 in this

case, and the appeal is DISMISSED. See 5TH CIR. R. 42.2. The

motion by Watkins for substitution of counsel 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.