
    UNITED STATES of America, Plaintiff-Appellee v. Nyree PETTAWAY, Defendant-Appellant.
    No. 09-51133
    Summary Calendar.
    United States Court of Appeals, Fifth Circuit.
    Nov. 9, 2011.
    Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, Deborah Watson, Joseph Charles Wyderko, U.S. Department of Justice, Washington, DC, for Plaintiff-Appellee.
    Terrence W. McDonald, San Antonio, TX, for Defendant-Appellant.
    Nyree Pettaway, Missouri City, TX, pro se.
    Before HIGGINBOTHAM, DAVIS, and ELROD, Circuit Judges.
   PER CURIAM:

The attorney appointed to represent Ny-ree Pettaway 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), and United States v. Flores, 632 F.3d 229 (5th Cir.2011). Pettaway has filed motion to file an out-of-time direct appeal, which we construe as a motion to file an out-of-time response and GRANT. Her motion for appointment of substitute counsel is DENIED.

We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Pettaway’s response. We concur with counsel’s assessment that the 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. 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     