United States v. Wheaten

Case: 22-30040 Document: 00516461007 Page: 1 Date Filed: 09/06/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED September 6, 2022 No. 22-30040 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Ryan Wheaten, Defendant—Appellant. Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:20-CR-80-7 Before Jones, Haynes, and Oldham, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Ryan Wheaten 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). Wheaten 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 We have reviewed * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 22-30040 Document: 00516461007 Page: 2 Date Filed: 09/06/2022 No. 22-30040 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