U.S. v. SCHMITZ, 290 Fed.Appx. 715 (5th Cir. 2008)

UNITED STATES of America, Plaintiff-Appellee v. Noel Richard SCHMITZ, Defendant-Appellant.

No. 07-11240, Conference Calendar.United States Court of Appeals, Fifth Circuit.
August 20, 2008.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Michael Reuss Snipes, Brandon Nelson McCarthy, U.S. Attorney’s Office Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

Christopher Michael McCaffrey, Law Offices of Christopher McCaffrey, Dallas, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 3:03-CR-396-ALL.

Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges.

PER CURIAM:[*]

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

Page 716

The attorney appointed to represent Noel Richard Schmitz 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). Schmitz 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.