United States v. Durst ( 2023 )

Case: 22-10945 Document: 00516695821 Page: 1 Date Filed: 03/30/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-10945
Summary Calendar FILED
____________ March 30, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Don Alton Durst, Jr.,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:18-CR-382-1
______________________________
Before Stewart, Duncan, and Wilson, Circuit Judges.
Per Curiam: *
The Federal Public Defender appointed to represent Don Alton
Durst, Jr., 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). Durst 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: 22-10945 Document: 00516695821 Page: 2 Date Filed: 03/30/2023
No. 22-10945
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