USA v. Anthony Foley

Filing 920100331

Case: 09-20184

Document: 00511067588

Page: 1

Date Filed: 03/31/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 09-20184 Summary Calendar March 31, 2010 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee v. ANTHONY RAY FOLEY, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:08-CR-331-1

Before KING, STEWART, and HAYNES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Anthony Ray Foley has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Foley has filed a response and moves for the appointment of counsel. Our independent review of the record, counsel's brief, and Foley's response discloses no nonfrivolous issue for appeal. Foley's motion for

appointment of counsel is DENIED. Cf. United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998) 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-20184

Document: 00511067588 Page: 2 No. 09-20184

Date Filed: 03/31/2010

GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2.

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