USA v. Gary Johnson, No. 10-41092 (5th Cir. 2011)

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Case: 10-41092 Document: 00511649678 Page: 1 Date Filed: 10/31/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-41092 Summary Calendar October 31, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GARY ALLEN JOHNSON, also known as Gary Johnson, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:10-CR-43-1 Before HIGGINBOTHAM, DAVIS, and ELROD, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Gary Allen Johnson 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). Johnson has not filed a response. We have reviewed counsel s brief and the relevant portions of the record reflected therein. 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 GRANTED, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-41092 Document: 00511649678 Page: 2 Date Filed: 10/31/2011 No. 10-41092 counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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