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302 F. App'x 290

United States v. McDaniel

U.S. Courts of Appeals

Decided December 10, 2008

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U.S. Courts of Appeals · decided 2008-12-10

Relies on Anders v. California

Decided 2008-12-10

PER CURIAM: *

¶1 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.

¶2 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.

*

¶3 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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