
    UNITED STATES of America, Plaintiff-Appellee v. James Elby ROGERS, Defendant-Appellant.
    No. 10-40204
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Feb. 15, 2011.
    Charles Eugene Roy, Assistant U.S. Attorney, U.S. Attorney’s Office, Sherman, TX, for Plaintiff-Appellee.
    Frank Warren Henderson, Esq., Assistant Federal Public Defender, Office of the Federal Defender, Frisco, TX, for Defendant-Appellant.
    Before HIGGINBOTHAM, GARZA, and ELROD, Circuit Judges.
   PER CURIAM:

The Federal Public Defender appointed to represent James Elby Rogers has moved for leave to withdraw 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). Rogers has not filed a response. Our independent review of the record and counsel’s brief discloses no non-frivolous 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. 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     