USA vs. Johnston, (5th Cir. 2004)
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
February 18, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-10557
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ELIZABETH P. JOHNSTON,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:01-CR-246-1-P
Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:* Court-appointed counsel for Elizabeth P. Johnston has moved for leave to withdraw from this appeal and has filed a brief as required by Anders v. California,386 U.S. 738 (1967). Johnston has received a copy of counsel's motion and brief but has not filed a response. Our independent review of the brief and the record discloses no nonfrivolous issue in this direct appeal. Accordingly, the 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.
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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