United States v. Joshua Caskey

Case: 18-40809 Document: 00514909365 Page: 1 Date Filed: 04/09/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-40809 FILED Conference Calendar April 9, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff−Appellee, versus JOSHUA CASKEY, Defendant−Appellant. Appeal from the United States District Court for the Southern District of Texas No. 2:17-CR-279-6 Before HIGGINBOTHAM, SMITH, and OLDHAM, Circuit Judges. PER CURIAM: * The attorney appointed to represent Joshua Caskey has moved for leave * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-40809 Document: 00514909365 Page: 2 Date Filed: 04/09/2019 No. 18-40809 to withdraw and has filed a brief per Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Counsel also asks that Caskey be permitted to file a pro se merits brief. Caskey has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record. 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. Counsel’s motion to allow Caskey to file a pro se merits brief is DENIED as moot. 2