United States v. Gibson

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 2, 2022
• Docket: 21-51183
• Status: Unpublished

Opinion

Case: 21-51183 Document: 00516416963 Page: 1 Date Filed: 08/02/2022

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

FILED August 2, 2022 No. 21-51183 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Tom Clegg Gibson,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 6:19-CR-169-1

Before Wiener, Elrod, and Engelhardt, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Tom Clegg Gibson 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). Gibson has filed a response. We have reviewed

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-51183 Document: 00516416963 Page: 2 Date Filed: 08/02/2022

No. 21-51183

counsel’s brief and the relevant portions of the record reflected therein, as well as Gibson’s response. Because “appellate courts are without jurisdiction to hear appeals directly from federal magistrates,” we lack jurisdiction in this case. United States v. Renfro, 620 F.2d 497, 500 (5th Cir. 1980); see 28 U.S.C. § 1291. Accordingly, the APPEAL IS DISMISSED for lack of jurisdiction, and counsel’s motion for leave to withdraw is DENIED as moot.