United States v. Wayne Pitts

Case: 13-11319 Document: 00512805308 Page: 1 Date Filed: 10/16/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-11319 Summary Calendar United States Court of Appeals Fifth Circuit FILED October 16, 2014 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. WAYNE PHILIP PITTS, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:13-CR-66-1 Before SMITH, WIENER, and ELROD, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Wayne Philip Pitts 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). Pitts has not timely filed 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 * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 13-11319 Document: 00512805308 Page: 2 Date Filed: 10/16/2014 No. 13-11319 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. 2