Case: 23-20579 Document: 40-1 Page: 1 Date Filed: 06/05/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 23-20579 FILED June 5, 2024 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus John Eugene Payne, Jr., Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 4:23-CR-169-1 ______________________________ Before Jones, Southwick, and Ho, Circuit Judges.

Per Curiam: * The Federal Public Defender appointed to represent John Eugene Payne, 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). Payne has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-20579 Document: 40-1 Page: 2 Date Filed: 06/05/2024

No. 23-20579

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.