United States v. Black

Case: 21-10122 Document: 00515990890 Page: 1 Date Filed: 08/23/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 21-10122 August 23, 2021 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Gary Lyn Black, Defendant—Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:18-CR-562-1 Before Southwick, Oldham, and Wilson, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Gary Lyn Black 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). Black has 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 We have reviewed counsel’s * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-10122 Document: 00515990890 Page: 2 Date Filed: 08/23/2021 No. 21-10122 brief and the relevant portions of the record reflected therein, as well as Black’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. See 5th Cir. R. 42.2. 2