United States v. Johnston

Case: 20-30579 Document: 00515849127 Page: 1 Date Filed: 05/05/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED May 5, 2021 No. 20-30579 Lyle W. Cayce Conference Calendar Clerk United States of America, Plaintiff—Appellee, versus Jerry Dakota Johnston, Defendant—Appellant. Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:19-CR-397-1 Before King, Southwick, and Ho, Circuit Judges. Per Curiam:* The attorney appointed to represent Jerry Dakota Johnston 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). Johnston has not filed a response. We have reviewed * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-30579 Document: 00515849127 Page: 2 Date Filed: 05/05/2021 No. 20-30579 counsel’s 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. 2