United States v. Harlston

Case: 26-40037 Document: 42-1 Page: 1 Date Filed: 07/29/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 26-40037 Summary Calendar FILED ____________ July 29, 2026 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Marcus Allen Harlston, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:20-CR-382-37 ______________________________ Before Wiener, Stewart, and Richman, Circuit Judges.

Per Curiam: * The attorney appointed to represent Marcus Allen Harlston 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). Harlston has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We Case: 26-40037 Document: 42-1 Page: 2 Date Filed: 07/29/2026

No. 26-40037 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.