Filed: Jun. 01, 2020
Latest Update: Jun. 02, 2020
Summary: Case: 19-50482 Document: 00515435891 Page: 1 Date Filed: 06/01/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 19-50482 June 1, 2020 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. PHILLIP SCHUESSLER, also known as Philip Martin Schuessler, Defendant-Appellant Appeals from the United States District Court for the Western District of Texas USDC No. 5:17-CR-697-1 Before CLEMENT, GRAVES,
Summary: Case: 19-50482 Document: 00515435891 Page: 1 Date Filed: 06/01/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 19-50482 June 1, 2020 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. PHILLIP SCHUESSLER, also known as Philip Martin Schuessler, Defendant-Appellant Appeals from the United States District Court for the Western District of Texas USDC No. 5:17-CR-697-1 Before CLEMENT, GRAVES, a..
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Case: 19-50482 Document: 00515435891 Page: 1 Date Filed: 06/01/2020
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 19-50482 June 1, 2020
Conference Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
PHILLIP SCHUESSLER, also known as Philip Martin Schuessler,
Defendant-Appellant
Appeals from the United States District Court
for the Western District of Texas
USDC No. 5:17-CR-697-1
Before CLEMENT, GRAVES, and OLDHAM, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Phillip Schuessler 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).
Schuessler has not filed a response.
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein. We concur with counsel’s assessment that the appeal
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 19-50482 Document: 00515435891 Page: 2 Date Filed: 06/01/2020
No. 19-50482
presents no 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.
The judgment is REFORMED to provide for a concurrent five-year term
of supervised release as to count two, as the district court imposed in its oral
pronouncement. See United States v. Hernandez-Guevara,
162 F.3d 863, 877-
78 (5th Cir. 1998); United States v. Mireles,
471 F.3d 551, 557-58 (5th Cir.
2006).
2