Filed: Dec. 26, 2000
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-20376 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus WILLIE JAMES JOHNSON, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-99-CR-636-1 - December 19, 2000 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Counsel appointed to represent Willie James Johnson on appeal moves for leave to withdraw as appointed counsel pursuant to
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-20376 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus WILLIE JAMES JOHNSON, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-99-CR-636-1 - December 19, 2000 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Counsel appointed to represent Willie James Johnson on appeal moves for leave to withdraw as appointed counsel pursuant to A..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20376
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WILLIE JAMES JOHNSON,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-99-CR-636-1
--------------------
December 19, 2000
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Counsel appointed to represent Willie James Johnson on appeal
moves for leave to withdraw as appointed counsel pursuant to Anders
v. California,
386 U.S. 738 (1967).
Johnson has filed a response, arguing that the indictment was
defective because it failed to “inform” him “there is no risk of
future prosections [sic] for the same offense or enables him to
plea acquittal.” A valid indictment “needs only to allege each
essential element of the offense charged so as to enable the
accused to prepare his defense and to allow the accused to invoke
*
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that this opinion should not be published and is not precedent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.
No. 00-20376
-2-
the double jeopardy clause in any subsequent proceeding.” United
States v. Threadgill,
172 F.3d 357, 373 (5th Cir. 1999)(citation
and internal quotation marks omitted). The indictment which
alleged each essential element of the offense charged and, thus,
will allow Johnson to invoke the double jeopardy clause in any
subsequent proceeding. There is no requirement that the indictment
inform the defendant specifically that there is no risk of future
prosecution. This issue is frivolous.
Our independent review of the appellate record and of the
possible issues raised by counsel and by Johnson reveals no
nonfrivolous issues. The 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.