United States v. Joseph Fain

Case: 19-40085 Document: 00515521613 Page: 1 Date Filed: 08/10/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 19-40085 August 10, 2020
Conference Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Joseph Fain,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:18-CR-10-6
Before Jones, Clement, and Haynes, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Joseph Fain 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). Fain
has not filed a response. We have reviewed counsel’s brief and the relevant
*
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not be published and is not precedent except under the limited circumstances set forth in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: 19-40085 Document: 00515521613 Page: 2 Date Filed: 08/10/2020
No. 19-40085
portions of the record reflected therein. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate
review. See United States v. Pesina-Rodriguez, 825 F.3d 787, 788 (5th Cir.
2016). 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