Filed: Apr. 30, 2009
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 30, 2009 No. 08-40717 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. DAVID KEITH KITTINGER Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:07-CR-134-ALL Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 30, 2009 No. 08-40717 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. DAVID KEITH KITTINGER Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:07-CR-134-ALL Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to r..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 30, 2009
No. 08-40717
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
DAVID KEITH KITTINGER
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:07-CR-134-ALL
Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent David Keith Kittinger
has moved for leave to withdraw and has filed a brief in accordance with Anders
v. California,
386 U.S. 738 (1967). Kittinger has not filed a response. Our
independent review of the record and counsel’s brief 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 5 TH C IR. 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.