United States v. Lathen

Case: 26-10052 Document: 46-1 Page: 1 Date Filed: 08/06/2026

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

No. 26-10052 FILED August 6, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Demarkus Jermaine Lathen,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 7:25-CR-20-1 ______________________________

Before Smith, Stewart, and Oldham, Circuit Judges.

Per Curiam: *

The Federal Public Defender appointed to represent Demarkus Jermaine Lathen 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). Lathen 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 Case: 26-10052 Document: 46-1 Page: 2 Date Filed: 08/06/2026

No. 26-10052 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.