United States v. Smith

Case: 23-11013 Document: 39-1 Page: 1 Date Filed: 04/08/2024

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 23-11013

Summary Calendar FILED ____________ April 8, 2024 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Michael Smith,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:23-CR-166-1 ______________________________

Before King, Haynes, and Graves, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Michael 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. 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 Case: 23-11013 Document: 39-1 Page: 2 Date Filed: 04/08/2024

No. 23-11013 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.