United States v. Dustin Malone
United States v. Dustin Malone
Opinion
Case: 18-30982 Document: 00515034601 Page: 1 Date Filed: 07/15/2019
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals ___________________ Fifth Circuit FILED No. 18-30982 July 15, 2019 Summary Calendar Lyle W. Cayce ___________________ Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. DUSTIN JACK MALONE, Defendant - Appellant _______________________ Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:18-CR-24-1 _______________________ Before SMITH, COSTA, and HO, Circuit Judges.
PER CURIAM: * The Federal Public Defender appointed to represent Dustin Jack Malone has filed a motion for leave to withdraw, a brief, and a supplemental brief in accordance with Anders v. California, 386 U.S. 738 (1967). Malone has filed a response.
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Case: 18-30982 Document: 00515034601 Page: 2 Date Filed: 07/15/2019
No. 18-30982 This court previously directed counsel to address (1) whether the written judgment’s more detailed description of the special conditions of supervised release arguably constitutes a conflict with the orally pronounced sentence, and (2) whether any such issue would be reviewed for plain error or for an abuse of discretion. Counsel’s supplemental brief complied with this order. 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 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..
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