USA v. Beverly Smith

Filing

UNPUBLISHED OPINION FILED. [12-31158 Dismissed as frivolous] Judge: WED , Judge: EHJ , Judge: SAH Mandate pull date is 07/07/2015 for Appellant Beverly A. Smith; granting motion to withdraw as counsel filed by Mr. Christopher Albert Aberle [7712150-2] [12-31158]

Case: 12-31158

Document: 00513079066

Page: 1

Date Filed: 06/16/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 12-31158
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
June 16, 2015

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
BEVERLY A. SMITH,
Defendant-Appellant
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:12-CR-111-1
Before DAVIS, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Beverly A. Smith 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).
Smith 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.

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 12-31158

Document: 00513079066

Page: 2

Date Filed: 06/16/2015

No. 12-31158
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.

2