United States v. Herndon ( 2023 )

Case: 22-50379 Document: 00516669316 Page: 1 Date Filed: 03/08/2023
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
No. 22-50379 FILED
Summary Calendar March 8, 2023
____________ Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Derek Grant Herndon,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:21-CR-357-1
______________________________
Before Higginbotham, Graves, and Ho, Circuit Judges.
Per Curiam: *
The attorney appointed to represent Derek Grant Herndon 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). Herndon has not filed a response. We have reviewed
counsel’s brief and the relevant portions of the record reflected therein. We
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-50379 Document: 00516669316 Page: 2 Date Filed: 03/08/2023
No. 22-50379
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