DocketNumber: 20-40419
Filed Date: 9/3/2021
Status: Non-Precedential
Modified Date: 9/4/2021
Case: 20-40419 Document: 00516003013 Page: 1 Date Filed: 09/03/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED September 3, 2021 No. 20-40419 Lyle W. Cayce Summary Calendar Clerk United States of America, Plaintiff—Appellee, versus David Pruner, Defendant—Appellant. Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:19-CR-118-1 Before Jolly, Willett, and Engelhardt, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent David Pruner 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). Pruner has filed a response in which he asks to dismiss * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-40419 Document: 00516003013 Page: 2 Date Filed: 09/03/2021 No. 20-40419 the appeal of his sentence. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Pruner’s response. 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 and counsel is excused from further responsibilities herein. The motion to dismiss the appeal as to the sentence is likewise GRANTED. The appeal is DISMISSED in part as frivolous, see 5th Cir. R. 42.2, and in part on Pruner’s motion, see Fed. R. App. P. 42(a). 2