United States v. Robertson

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 28, 2025
• Docket: 23-40648
• Status: Unpublished

Opinion

Case: 23-40648 Document: 95-1 Page: 1 Date Filed: 05/28/2025

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

No. 23-40648 FILED May 28, 2025 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Ashton Jherimiah Robertson,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:21-CR-104-1 ______________________________

Before Elrod, Chief Judge, and Haynes and Duncan, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Ashton Jherimiah Robertson 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). Robertson has filed a response.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-40648 Document: 95-1 Page: 2 Date Filed: 05/28/2025

No. 23-40648

We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Robertson’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the 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. Robertson’s motion to proceed pro se is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902–03 (5th Cir. 1998).