USA v. Anthony Foley, No. 09-20184 (5th Cir. 2010)

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Case: 09-20184 Document: 00511067588 Page: 1 Date Filed: 03/31/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-20184 Summary Calendar March 31, 2010 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ANTHONY RAY FOLEY, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:08-CR-331-1 Before KING, STEWART, and HAYNES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Anthony Ray Foley has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Foley has filed a response and moves for the appointment of counsel. Our independent review of the record, counsel s brief, and Foley s response discloses no nonfrivolous issue for appeal. Foley s motion for appointment of counsel is DENIED. Cf. United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998) Accordingly, counsel s motion for leave to withdraw is * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 09-20184 Document: 00511067588 Page: 2 No. 09-20184 Date Filed: 03/31/2010 GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. 2

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