USA v. John Gunter, No. 09-41050 (5th Cir. 2010)

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Case: 09-41050 Document: 00511182020 Page: 1 Date Filed: 07/22/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-41050 Summary Calendar July 22, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOHN HOWARD GUNTER, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:09-CR-299-1 Before GARZA, CLEMENT, and OWEN, Circuit Judges. PER CURIAM:* The attorney appointed to represent John Howard Gunter has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Gunter has not filed a response. Our independent review of the record and counsel s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-41050 Document: 00511182020 Page: 2 No. 09-41050 See 5 TH C IR. R. 42.2. Date Filed: 07/22/2010 Counsel s motion for leave to withdraw due to his appointment as a United States Magistrate Judge is DENIED as moot. 2

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