United States v. Upchurch

Case: 21-50797 Document: 00516300314 Page: 1 Date Filed: 04/29/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED April 29, 2022 No. 21-50797 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee, versus

Gary Upchurch,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 7:13-CR-247-1

Before King, Costa, and Ho, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Gary Upchurch 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). Upchurch has not filed a response. We have reviewed counsel’s brief and Case: 21-50797 Document: 00516300314 Page: 2 Date Filed: 04/29/2022

No. 21-50797 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.