USA v. Fred Howard

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UNPUBLISHED OPINION FILED. [12-10885 Dismissed as Frivolous] Judge: JES , Judge: ECP , Judge: SAH Mandate pull date is 07/05/2013 for Appellant Fred Howard; granting motion to withdraw as counsel filed by Mr. Jason Douglas Hawkins [7276903-2] [12-10885]

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Case: 12-10885 Document: 00512272536 Page: 1 Date Filed: 06/13/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-10885 Summary Calendar June 13, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FRED HOWARD, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:11-CR-316-1 Before SMITH, PRADO, and HIGGINSON, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Fred Howard 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). Howard 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 presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-10885 Document: 00512272536 Page: 2 Date Filed: 06/13/2013 No. 12-10885 counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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