United States v. McKinney

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
December 14, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-41530
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARCUS DEWAYNE MCKINNEY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:03-CR-83-1
--------------------
Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Marcus Dewayne McKinney
has filed a motion to withdraw and briefs pursuant to Anders v.
California, 386 U.S. 738, 744 (1967). McKinney has not filed a
response. Our independent review of the briefs and the record
discloses no nonfrivolous issue in this direct appeal.
Accordingly, the motion for leave to withdraw is GRANTED, counsel
is excused from further responsibilities herein, and the APPEAL
IS DISMISSED. See 5TH CIR. R. 42.2.

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