United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 6, 2007
Charles R. Fulbruge III
Clerk
No. 05-21002
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee,
versus
DAVID WAYNE CAMPBELL
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:03-CR-453-2
USDC No. 4:03-CR-453-1
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Before REAVLEY, DENNIS and PRADO, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent David Wayne Campbell has
moved for leave to withdraw and has filed a brief in accordance
with Anders v. California, 386 U.S. 738 (1967).
According to the Bureau of Prisons (BOP), Campbell was
released from prison on March 28, 2006. To date, Campbell has
not reported for supervised release and his whereabouts are
unknown. Although appellate counsel does not address Campbell’s
fugitive status, “[i]t is well settled that where a defendant
*
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this opinion should not be published and is not precedent except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.
No. 05-21002
-2-
becomes a fugitive from justice during the pendency of his
appeal, the appellate court has the authority to dismiss the
appeal.” United States v. DeValle, 894 F.2d 133, 135 (5th Cir.
1990). Campbell became a fugitive during the pendency of this
appeal, and the record reveals that his fugitive status remains
ongoing. Accordingly, Campbell’s appeal is DISMISSED. See
Ortega-Rodriguez v. United States, 507 U.S. 234, 239-42 (1993);
see also United States v. Delagarza-Villarreal, 141 F.3d 133,
136-38 (5th Cir. 1997). Counsel’s motion for leave to withdraw
pursuant to Anders is DENIED AS MOOT.