USA v. John Meneweather, No. 11-31074 (5th Cir. 2012)

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Case: 11-31074 Document: 00511913089 Page: 1 Date Filed: 07/09/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-31074 Summary Calendar July 9, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOHN MENEWEATHER, Defendant-Appellant Appeals from the United States District Court for the Western District of Louisiana USDC No. 3:08-CR-261-1 Before CLEMENT, SOUTHWICK, and HAYNES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent John Meneweather has moved for leave to withdraw in Meneweather s appeal of the district court s order denying his motion under 18 U.S.C. § 3582(c)(2) 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). Meneweather has filed a response. We have reviewed counsel s brief and the relevant portions of the record reflected therein, as well as Meneweather s response. We concur with counsel s * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-31074 Document: 00511913089 Page: 2 Date Filed: 07/09/2012 No. 11-31074 assessment that the instant 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 5TH CIR. R. 42.2. We note that in Meneweather s response he seeks relief from the dismissal of his direct criminal appeal (Case No. 09-30294) for failure to prosecute. The instant appeal from the denial of his § 3582(c)(2) motion, however, is not the proper forum for granting such relief. 2

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