United States v. Derek Banks

Case: 18-40749 Document: 00514883305 Page: 1 Date Filed: 03/21/2019

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 18-40749 FILED March 21, 2019 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DEREK E. BANKS, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:18-CR-116-1

Before HIGGINSON, COSTA, and HO, Circuit Judges.

PER CURIAM: * The Federal Public Defender appointed to represent Derek E. Banks has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Banks has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for Case: 18-40749 Document: 00514883305 Page: 2 Date Filed: 03/21/2019

No. 18-40749 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.