USA v. Diane Dixon, No. 10-40664 (5th Cir. 2011)

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Case: 10-40664 Document: 00511436850 Page: 1 Date Filed: 04/06/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-40664 Summary Calendar April 6, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff Appellee, v. DIANE MICHELE DIXON, also known as Diane Michele Johnson, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:09-CR-203-1 Before WIENER, PRADO, and OWEN, Circuit Judges. PER CURIAM:* The attorney appointed to represent Diane Michele Dixon 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). Dixon has filed a response. We have reviewed counsel s brief and the relevant portions of the record reflected therein, as well as Dixon s response. We concur with counsel s assessment that the appeal presents no nonfrivolous issue for appellate review. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-40664 Document: 00511436850 Page: 2 Date Filed: 04/06/2011 No. 10-40664 GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. Dixon s motion for release pending appeal is DENIED. See 18 U.S.C. ยง 3143(b). 2

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