United States v. Simmons

Opinion

Case: 25-10517 Document: 40-1 Page: 1 Date Filed: 09/17/2025

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

FILED No. 25-10517 September 17, 2025 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Clarence Alton Simmons,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 6:24-CR-33-1 ______________________________

Before Higginbotham, Engelhardt, and Ramirez, Circuit Judges. Per Curiam: * The attorney appointed to represent Clarence Alton Simmons 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). Simmons has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-10517 Document: 40-1 Page: 2 Date Filed: 09/17/2025

No. 25-10517

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.