United States v. Danna

Opinion

Case: 20-40690 Document: 00516190527 Page: 1 Date Filed: 02/03/2022

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

FILED

No. 20-40690 February 3, 2022 Lyle W. Cayce

Clerk

United States of America,

Plaintiff—Appellee,

versus

Brian Danna,

Defendant—Appellant.

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:20-CR-47-2

Before King, Costa, and Ho, Circuit Judges. Per Curiam:* The attorney appointed to represent Brian Danna has moved to withdraw and has filed a brief per with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Danna has not filed a response. We have reviewed counsel’s brief and relevant portions of the record. We concur with counsel’s assessment that the appeal presents

*

Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

Case: 20-40690 Document: 00516190527 Page: 2 Date Filed: 02/03/2022

No. 20-40690

no nonfrivolous issue for appellate review. As to the conditions of supervised release, we note that the district court met the pronouncement requirement. See United States v. Martinez, 15 F.4th 1179, 1181 (5th Cir. 2021) (holding that the “longstanding existence” of a standing order listing standard conditions provided notice of the “standard conditions” the district court orally imposed). Accordingly, the motion to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2.