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United States v. Joshua Byrd, 17-20617 (2018)

Court: Court of Appeals for the Fifth Circuit Number: 17-20617 Visitors: 48
Filed: Jul. 06, 2018
Latest Update: Mar. 03, 2020
Summary: Case: 17-20617 Document: 00514543286 Page: 1 Date Filed: 07/06/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 17-20617 July 6, 2018 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSHUA ROBERT BYRD, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:17-CR-163-1 Before JOLLY, OWEN, and HAYNES, Circuit Judges. PER CURIAM: * The F
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     Case: 17-20617      Document: 00514543286         Page: 1    Date Filed: 07/06/2018




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT
                                                                           United States Court of Appeals
                                                                                    Fifth Circuit

                                                                                  FILED
                                    No. 17-20617                               July 6, 2018
                                  Summary Calendar
                                                                             Lyle W. Cayce
                                                                                  Clerk
UNITED STATES OF AMERICA,

                                                 Plaintiff-Appellee

v.

JOSHUA ROBERT BYRD,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Southern District of Texas
                             USDC No. 4:17-CR-163-1


Before JOLLY, OWEN, and HAYNES, Circuit Judges.
PER CURIAM: *
       The Federal Public Defender appointed to represent Joshua Robert Byrd
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). Byrd has filed a response. We have reviewed counsel’s
brief and the relevant portions of the record reflected therein, as well as Byrd’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: 17-20617    Document: 00514543286     Page: 2   Date Filed: 07/06/2018


                                 No. 17-20617

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.     Byrd’s
untimely motions for the appointment of new counsel and to proceed pro se on
appeal are DENIED.       Byrd’s requests for an extension of time are also
DENIED.




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Source:  CourtListener

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