United States v. James Hudnall , 428 F. App'x 355 ( 2011 )

Case: 10-30620 Document: 00511505579 Page: 1 Date Filed: 06/10/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 10, 2011
No. 10-30620
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee
v.
JAMES KENNETH HUDNALL,
Defendant - Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 1:09-CR-272-1
Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent James Kenneth Hudnall has moved
for leave to withdraw and has filed a brief pursuant to Anders v. California, 386
U.S. 738 (1967). Hudnall has not filed a response. We have reviewed counsel’s
brief and the relevant portions of the record reflected therein. Counsel’s brief
satisfies the standards set forth in United States v. Flores, 632 F.3d 229 (5th Cir.
2011), regarding Hudnall’s sentencing but fails regarding the district court’s
compliance with Federal Rule of Criminal Procedure 11. Nevertheless, we
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 10-30620 Document: 00511505579 Page: 2 Date Filed: 06/10/2011
No. 10-30620
concur with counsel’s ultimate 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. As counsel’s
brief was filed only shortly after Flores was issued, he may not have had
sufficient time to become aware of those standards. Counsel should make
certain that any future Anders brief he files fully conforms with Flores.
2