United States v. Franklin

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 7, 2024
• Docket: 23-50101
• Status: Unpublished

Opinion

Case: 23-50101 Document: 62 Page: 1 Date Filed: 03/07/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-50101 Summary Calendar FILED ____________ March 7, 2024 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Shancey Franklin,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 7:22-CR-174-1 ______________________________

Before Dennis, Wilson, and Ramirez, Circuit Judges. Per Curiam: * The attorney appointed to represent Shancey Franklin 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). Franklin has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Franklin’s

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-50101 Document: 62 Page: 2 Date Filed: 03/07/2024

No. 23-50101

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. Franklin’s motion for the appointment of new counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).