United States v. Penny

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 15, 2021
• Docket: 20-40378
• Status: Unpublished

Opinion

Case: 20-40378 Document: 00515940161 Page: 1 Date Filed: 07/15/2021

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

FILED July 15, 2021 No. 20-40378 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Katry L. Penny,

Defendant—Appellant.

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:19-CR-31-1

Before Clement, Haynes, and Higginson, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Katry L. Penny 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). Penny has filed a motion for an extension of time to file

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-40378 Document: 00515940161 Page: 2 Date Filed: 07/15/2021

No. 20-40378

a response. 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, Penny’s motion for an extension of time is DENIED, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.