United States v. James Wallace

Case: 16-11323 Document: 00514207246 Page: 1 Date Filed: 10/24/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-11323 Conference Calendar United States Court of Appeals Fifth Circuit FILED October 24, 2017 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. JAMES KEVIN WALLACE, Defendant-Appellant Appeals from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-425-1 Before KING, OWEN, and HIGGINSON, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent James Kevin Wallace 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). Wallace has filed a response. Although Wallace remains subject to a term of supervised release, he has completed the term of imprisonment imposed upon the revocation of his supervised release. We have * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-11323 Document: 00514207246 Page: 2 Date Filed: 10/24/2017 No. 16-11323 reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Wallace’s response. 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 in part as frivolous, see 5TH CIR. R. 42.2, and in part as moot, see United States v. Heredia-Holguin, 823 F.3d 337, 340 (5th Cir. 2016) (en banc). 2