USA v. Michael Duncan

Filing

UNPUBLISHED OPINION FILED. [13-20524 Dismissed as Frivilous] Judge: ECP , Judge: PRO , Judge: JEG Mandate pull date is 10/31/2014 for Appellant Michael Dushon Duncan; denying motion to appoint counsel filed by Appellant Mr. Michael Dushon Duncan [7642446-2]; granting motion to withdraw as counsel filed by Mr. Gregory Don Sherwood, Esq. [7621030-2] [13-20524]

Case: 13-20524

Document: 00512800027

Page: 1

Date Filed: 10/10/2014

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-20524
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
October 10, 2014

UNITED STATES OF AMERICA,

Lyle W. Cayce
Clerk

Plaintiff-Appellee
v.
MICHAEL DUSHON DUNCAN,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:11-CR-61-13
Before PRADO, OWEN, and GRAVES, Circuit Judges.
PER CURIAM: *

The attorney appointed to represent Michael Dushon Duncan 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). Duncan has filed a response and a motion for the appointment of
new counsel. We have reviewed counsel’s brief and the relevant portions of the
record reflected therein, as well as Duncan’s response.

We concur with

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-20524

Document: 00512800027

Page: 2

Date Filed: 10/10/2014

No. 13-20524
counsel’s assessment that the appeal presents no nonfrivolous issue for
appellate review.

Accordingly, counsel’s motion for leave to withdraw is

GRANTED, and counsel is excused from further responsibilities herein.
Duncan’s motion for the appointment of counsel is DENIED as untimely. See
United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). The APPEAL
IS DISMISSED. See 5TH CIR. R. 42.2.

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