USA v. Diane Dixon


UNPUBLISHED OPINION FILED. [10-40664 Dismissed AS FRIVOLOUS ] Judge: JLW , Judge: ECP , Judge: PRO Mandate pull date is 04/27/2011 for Appellant Diane Michele Dixon; denying motion for bail pending appeal filed by Appellant Ms. Diane Michele Dixon [6756808-2]; granting motion to withdraw as counsel filed by Appellant Mr. Robert Jackson Herrington for Appellant Ms. Diane Michele Dixon [6674408-2] [10-40664]

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Case: 10-40664 Document: 00511436850 Page: 1 Date Filed: 04/06/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-40664 Summary Calendar April 6, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, v. DIANE MICHELE DIXON, also known as Diane Michele Johnson, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:09-CR-203-1 Before WIENER, PRADO, and OWEN, Circuit Judges. PER CURIAM:* The attorney appointed to represent Diane Michele Dixon has moved for leave to withdraw 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). Dixon has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Dixon’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-40664 Document: 00511436850 Page: 2 Date Filed: 04/06/2011 No. 10-40664 GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. Dixon’s motion for release pending appeal is DENIED. See 18 U.S.C. § 3143(b). 2

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