Filed: Sep. 25, 2014
Latest Update: Mar. 02, 2020
Summary: Case: 13-40719 Document: 00512782115 Page: 1 Date Filed: 09/25/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 13-40719 Fifth Circuit FILED Summary Calendar September 25, 2014 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff-Appellee v. CAROLYN BOEHM-MCCAULEY, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:12-CR-14 Before KING, JOLLY, and HAYNES, Circuit Judges. PER CURIAM: *
Summary: Case: 13-40719 Document: 00512782115 Page: 1 Date Filed: 09/25/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 13-40719 Fifth Circuit FILED Summary Calendar September 25, 2014 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff-Appellee v. CAROLYN BOEHM-MCCAULEY, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:12-CR-14 Before KING, JOLLY, and HAYNES, Circuit Judges. PER CURIAM: * ..
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Case: 13-40719 Document: 00512782115 Page: 1 Date Filed: 09/25/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 13-40719
Fifth Circuit
FILED
Summary Calendar September 25, 2014
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
CAROLYN BOEHM-MCCAULEY,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:12-CR-14
Before KING, JOLLY, and HAYNES, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Carolyn Boehm-McCauley has
moved for leave to withdraw and has filed a brief and supplemental brief in
accordance with Anders v. California,
386 U.S. 738 (1967), and United States
v. Flores,
632 F.3d 229 (5th Cir. 2011). Boehm-McCauley has filed a response
and a supplemental response. We have reviewed counsel’s briefs and the
relevant portions of the record reflected therein, as well as Boehm-McCauley’s
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-40719 Document: 00512782115 Page: 2 Date Filed: 09/25/2014
No. 13-40719
responses. We concur with counsel’s assessment that the appeal presents no
nonfrivolous issue for appellate review.
Any substantive challenge to the district court’s failure to orally
pronounce a special condition of supervised release is barred by the valid
appeal waiver in this case, and we discern no clerical error. See United States
v. Higgins,
739 F.3d 733 (5th Cir. 2014); see also United States v. Slanina,
359
F.3d 356, 357-58 (5th Cir. 2004).
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