USA v. James Harrison, Jr., No. 10-30917 (5th Cir. 2011)
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Case: 10-30917 Document: 00511508608 Page: 1 Date Filed: 06/14/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-30917 Summary Calendar June 14, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JAMES T. HARRISON, JR., Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:09-CF-279-9 Before JOLLY, GARZA, and STEWART, Circuit Judges. PER CURIAM:* The attorney appointed to represent James T. Harrison, Jr., has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Harrison has filed a response, moving for the appointment of new counsel. This motion, however, is untimely. Cf. United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). We have reviewed counsel s brief and the relevant portions of the record reflected therein, as well as Harrison s response. We concur with * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-30917 Document: 00511508608 Page: 2 Date Filed: 06/14/2011 No. 10-30917 counsel s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. MOTION FOR APPOINTMENT OF COUNSEL DENIED. 2
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