Elawyers Elawyers
Washington| Change

United States v. Michael Elliott, 15-41355 (2016)

Court: Court of Appeals for the Fifth Circuit Number: 15-41355 Visitors: 9
Filed: Jun. 21, 2016
Latest Update: Mar. 02, 2020
Summary: Case: 15-41355 Document: 00513556249 Page: 1 Date Filed: 06/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-41355 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 21, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. MICHAEL ELLIOTT, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:14-CR-11-1 Before JONES, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: * The F
More
     Case: 15-41355      Document: 00513556249         Page: 1    Date Filed: 06/21/2016




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT


                                    No. 15-41355
                                 Conference Calendar
                                                                         United States Court of Appeals
                                                                                  Fifth Circuit

                                                                                FILED
                                                                            June 21, 2016
UNITED STATES OF AMERICA,
                                                                           Lyle W. Cayce
                                                                                Clerk
                                                 Plaintiff-Appellee

v.

MICHAEL ELLIOTT,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Eastern District of Texas
                             USDC No. 4:14-CR-11-1


Before JONES, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
       The Federal Public Defender appointed to represent Michael Elliott 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). Elliott has filed a response. We have reviewed counsel’s brief and
the relevant portions of the record reflected therein, as well as Elliott’s
response. We concur with counsel’s assessment that the appeal presents no


       * 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: 15-41355     Document: 00513556249     Page: 2   Date Filed: 06/21/2016


                                  No. 15-41355

nonfrivolous issue for appellate review. 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. Elliott’s
untimely request for appointment of new counsel on appeal is DENIED, and
his request for an extension of time for substitute counsel to file a merits brief
is DENIED AS MOOT.




                                        2

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer