United States v. Howard

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 9, 2023
• Docket: 22-40721
• Status: Unpublished

Opinion

Case: 22-40721 Document: 00516744127 Page: 1 Date Filed: 05/09/2023

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

No. 22-40721 FILED May 9, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Richard Blake Howard,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 3:21-CR-3-1 ______________________________

Before Higginbotham, Graves, and Ho, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Richard Blake Howard 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). Howard filed an untimely response requesting that we order appellate counsel to provide a copy of the record and that he be

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-40721 Document: 00516744127 Page: 2 Date Filed: 05/09/2023

No. 22-40721

granted 90 days after entry of that order to perfect his appeal and file a pro se brief. That motion is DENIED. See United States v. Wagner, 158 F.3d 901, 209-03 (5th Cir. 1998). We have reviewed counsel’s brief and the relevant portions of the record reflected therein. 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.