United States v. Joshua White

Case: 11-30268 Document: 00511699292 Page: 1 Date Filed: 12/19/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 19, 2011
No. 11-30268
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSHUA JEROME WHITE,
Defendant-Appellant
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:10-CR-147-1
Before KING, HAYNES, and GRAVES, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Joshua Jerome White 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).
White has filed a response in which he requests credit against his sentence for
the time spent in custody after his arrest. We have reviewed counsel’s brief and
the relevant portions of the record reflected therein, as well as White’s response.
We concur with counsel’s assessment that the appeal presents no nonfrivolous
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-30268 Document: 00511699292 Page: 2 Date Filed: 12/19/2011
No. 11-30268
issue for appellate review. Further, 28 U.S.C. § 2241 is the proper procedural
vehicle for obtaining credit for prior custody. United States v. Cleto, 956 F.2d 83,
84 (5th Cir. 1992). 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