UNITED STATES of America, Plaintiff-Appellee v. John MENEWEATHER, Defendant-Appellant, 472 F. App'x 324

PER CURIAM: The Federal Public Defender appointed to represent John Meneweather has moved for leave to withdraw in Meneweather’s appeal of the district court’s order denying his motion under 18 U.S.C. § 3582(c)(2) and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir.2011). Meneweather has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Meneweather’s response.

We concur with counsel’s assessment that the instant 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 5th Cir. R. 42.2. We note that in Meneweather’s response he seeks relief from the dismissal of his direct criminal appeal (Case No. 09-30294) for failure to prosecute. The instant appeal from the denial of his § 3582(c)(2) motion, however, is not the proper forum for granting such relief. Pursuant to 5th Cir.

R. 47.5, the court has determined that this opinion should not be published and is not precedent except under dle limited circumstances set forth in 5th Cir. R. 47.5.4.