United States v. Burt Smith ( 2020 )

Case: 20-50239 Document: 00515638274 Page: 1 Date Filed: 11/13/2020
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
No. 20-50239
November 13, 2020
Conference Calendar
Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Burt Allan Smith,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:19-CR-254-1
Before King, Southwick, and Ho, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Burt Allan Smith 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).
Smith has not filed a response but has filed a pro se motion to dismiss his
*
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opinion should not be published and is not precedent except under the limited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: 20-50239 Document: 00515638274 Page: 2 Date Filed: 11/13/2020
No. 20-50239
appeal. We have reviewed 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. Smith’s motion to dismiss his appeal is DENIED as
moot.
2