U.S. v. Emeary

Full title: UNITED STATES of America, Plaintiff-Appellee v. Bennie D. EMEARY, Jr.…

Court: United States Court of Appeals, Fifth Circuit

Date published: Feb 12, 2010

365 F. App'x 552 (5th Cir. 2010)

Opinion

No. 09-40529 Conference Calendar.

February 12, 2010.

Randall A. Blake, Assistant U.S. Attorney, U.S. Attorney's Office, Sherman, TX, for Plaintiff-Appellee.

Gerald W. Cobb, Cobb Law, Denton, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Texas, USDC No. 4:05-CR-15-1.

Before GARZA, DENNIS, and ELROD, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

The attorney appointed to represent Bennie D. Emeary, Jr., has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Emeary 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. See 5TH CIR. R. 42.2.