USA v. Herndon, No. 05-10320 (5th Cir. 2006)

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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 7, 2006 Charles R. Fulbruge III Clerk No. 05-10320 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CHAKA ZULU HERNDON, Defendant-Appellant. -------------------Appeal from the United States District Court for the Northern District of Texas USDC No. 3:03-CR-440-ALL -------------------Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Chaka Zulu Herndon has requested leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Herndon received a copy of counsel s motion but filed no response. Our independent review of the brief and the record discloses no nonfrivolous issues for appeal. Accordingly, counsel s motion for leave to withdraw is GRANTED, counsel is excused from further * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-10320 -2responsibilities herein, and the appeal is DISMISSED. See 5TH CIR. R. 42.2. This ruling is without prejudice to Herndon s right to raise claims of ineffective assistance in a 28 U.S.C. § 2255 motion.

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