No. 08-30264, Conference Calendar.
December 10, 2008.
Cristina Walker, Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Louisiana, Shreveport, LA, for Plaintiff-Appellee.
Betty Lee Marak, Federal Public Defender's Office, Western District of Louisiana, Shreveport, LA, for Defendant-Appellant.
Appeal from the United States District Court for the Western District of Louisiana, USDC No. 5:05-CR-50119-1.
Before DAVIS, WIENER, and PRADO, Circuit Judges.
On appeal from the denial of the district court's sua sponte motion to modify Vincent McDaniel's sentence, the Federal Public Defender appointed to represent McDaniel 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). McDaniel has filed a response.
Our independent review of the record, counsel's brief, and McDaniel's response 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.