United States v. Johnson

Case: 25-10964 Document: 81-1 Page: 1 Date Filed: 09/08/2026 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED September 8, 2026 No. 25-10964 Lyle W. Cayce Summary Calendar Clerk ____________ United States of America, Plaintiff—Appellee, versus Babatunde Johnson, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:23-CR-273-1 ______________________________ Before Willett, Duncan, and Engelhardt, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Babtunde Johnson 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). Johnson has filed a response and a motion to substitute appointed counsel. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Johnson’s * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-10964 Document: 81-1 Page: 2 Date Filed: 09/08/2026 No. 25-10964 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. Johnson’s motion to appoint substitute counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2