United States v. Daryl Sam

Case: 09-41114 Document: 00511241228 Page: 1 Date Filed: 09/22/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 22, 2010
No. 09-41114
c/w No. 10-40082 Lyle W. Cayce
Summary Calendar Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DARYL SAM,
Defendant-Appellant
Appeals from the United States District Court
for the Eastern District of Texas
USDC No. 1:09-CR-30-1
Before DAVIS, SMITH and SOUTHWICK, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Daryl Sam has moved
for 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,
386 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 09-41114 Document: 00511241228 Page: 2 Date Filed: 09/22/2010
No. 09-41114
c/w No. 10-40082
appeals are CONSOLIDATED. Our independent review of the record, counsel’s
briefs, and Sam’s response discloses no nonfrivolous issue for appeal.
Accordingly, counsel’s motions for leave to withdraw are GRANTED, counsel is
excused from further responsibilities herein, and the APPEALS ARE
DISMISSED. See 5 TH C IR. R. 42.2.
2