Case: 20-50239 Document: 00515638274 Page: 1 Date Filed: 11/13/2020

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 20-50239 November 13, 2020 Conference Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Burt Allan Smith, Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 7:19-CR-254-1

Before King, Southwick, and Ho, Circuit Judges.

Per Curiam:* The attorney appointed to represent Burt Allan Smith 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).

Smith has not filed a response but has filed a pro se motion to dismiss his

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

Case: 20-50239 Document: 00515638274 Page: 2 Date Filed: 11/13/2020

No. 20-50239

appeal. 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. Smith’s motion to dismiss his appeal is DENIED as moot.