United States v. James Harrison, Jr. , 428 F. App'x 381 ( 2011 )

Case: 10-30917 Document: 00511508608 Page: 1 Date Filed: 06/14/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 14, 2011
No. 10-30917
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JAMES T. HARRISON, JR.,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:09-CF-279-9
Before JOLLY, GARZA, and STEWART, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent James T. Harrison, Jr., 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).
Harrison has filed a response, moving for the appointment of new counsel. This
motion, however, is untimely. Cf. United States v. Wagner, 158 F.3d 901, 902-03
(5th Cir. 1998). We have reviewed counsel’s brief and the relevant portions of
the record reflected therein, as well as Harrison’s response. We concur with
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-30917 Document: 00511508608 Page: 2 Date Filed: 06/14/2011
No. 10-30917
counsel’s assessment that the appeal presents no nonfrivolous issue for appellate
review. Accordingly, counsel’s motion for leave to withdraw is GRANTED,
counsel is excused from further responsibilities herein, and the APPEAL IS
DISMISSED. See 5 TH C IR. R. 42.2. MOTION FOR APPOINTMENT OF
COUNSEL DENIED.
2