U.S. Court of Appeals for the Fifth Circuit, 2022

United States v. Woodson

United States v. Woodson
U.S. Court of Appeals for the Fifth Circuit · Decided September 15, 2022

United States v. Woodson

Opinion

Case: 21-11005 Document: 00516472950 Page: 1 Date Filed: 09/15/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED September 15, 2022 No. 21-11005 Lyle W. Cayce Summary Calendar Clerk

United States of America, Plaintiff—Appellee, versus Bernice Lee Woodson, Jr., Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:20-CR-32-13

Before Jolly, Oldham, and Wilson, Circuit Judges.

Per Curiam:* The attorney appointed to represent Bernice Lee Woodson, Jr., 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). Woodson’s construed motion for leave to file an out-of-time

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-11005 Document: 00516472950 Page: 2 Date Filed: 09/15/2022

No. 21-11005

response is GRANTED. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Woodson’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.

Woodson’s motion for the appointment of new counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).

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