United States v. Smith

Case: 19-20774 Document: 00515832364 Page: 1 Date Filed: 04/22/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED April 22, 2021 No. 19-20774 Lyle W. Cayce Conference Calendar Clerk United States of America, Plaintiff—Appellee, versus Johnathan Terrell Smith, Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 4:19-CR-103-1 Before Dennis, Costa, and Engelhardt, Circuit Judges. Per Curiam:* The attorney appointed to represent Johnathan Terrell Smith 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). Smith has not filed a response. We have reviewed counsel’s * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 19-20774 Document: 00515832364 Page: 2 Date Filed: 04/22/2021 No. 19-20774 brief and the relevant portions of the record reflected therein. 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. See 5th Cir. R. 42. 2