Conference Calendar UNITED STATES OF AMERICA v. Vincent McDaniel

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 08-30264
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
VINCENT MCDANIEL
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:05-CR-50119-1
Before DAVIS, WIENER, and PRADO, Circuit Judges.
PER CURIAM:*
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 (1967). McDaniel has filed
a response.
United States Court of Appeals
Fifth Circuit
F I L E D
December 10, 2008
Charles R. Fulbruge III
Clerk

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No. 08-30264
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.

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