USA v. Daryl Sam

Filing

UNPUBLISHED OPINION FILED. [09-41114 Dismissed as Frivolous, 10-40082 Dismissed as Frivolous.] Judge: WED , Judge: JES , Judge: LHS. Mandate pull date is 10/13/2010 for Appellant Daryl Sam; granting motion to withdraw as counsel filed by Attorney Mr. Frank Warren Henderson, Esq. for Appellants Mr. Daryl Sam and Mr. Daryl Sam [6501397-2] in 09-41114, granting motion to withdraw as counsel filed by Attorney Mr. Frank Warren Henderson, Esq. for Appellants Mr. Daryl Sam and Mr. Daryl Sam [6518723-2] in 10-40082 [09-41114, 10-40082]

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USA v. Daryl Sam Doc. 0 Case: 09-41114 Document: 00511241228 Page: 1 Date Filed: 09/22/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED N o . 09-41114 c /w No. 10-40082 S u m m a r y Calendar September 22, 2010 Lyle W. Cayce Clerk U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. D A R Y L SAM, D e fe n d a n t -A p p e lla n t A p p e a ls from the United States District Court fo r the Eastern District of Texas U S D C No. 1:09-CR-30-1 B e fo r e DAVIS, SMITH and SOUTHWICK, Circuit Judges. P E R CURIAM:* T h e Federal Public Defender appointed to represent Daryl Sam has moved fo r leave to withdraw from representation in Sam's direct criminal appeal and in his appeal from the denial of a motion for relief pursuant to 18 U.S.C. § 3582(c)(2). Counsel has filed briefs in accordance with Anders v. California, 3 8 6 U.S. 738 (1967). Sam has filed a response. IT IS ORDERED that Sam'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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Dockets.Justia.com Case: 09-41114 Document: 00511241228 Page: 2 No. 09-41114 c /w No. 10-40082 Date Filed: 09/22/2010 a p p e a ls are CONSOLIDATED. Our independent review of the record, counsel's b r ie fs , and Sam's response discloses no nonfrivolous issue for appeal. Accordingly, counsel's motions for leave to withdraw are GRANTED, counsel is e x c u s e d from further responsibilities herein, and the APPEALS ARE D I S M IS S E D . See 5TH CIR. R. 42.2. 2

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