USA v. Joseph Smith

Filing

UNPUBLISHED OPINION FILED. [13-31069 Dismissed as Frivolous] Judge: JLW , Judge: PRO , Judge: CH Mandate pull date is 07/23/2014 for Appellant Joseph Smith; denying motion to appoint counsel filed by Appellant Mr. Joseph Smith [7591075-2]; granting motion to withdraw as counsel filed by Mr. Dane S. Ciolino [7583657-2] [13-31069]

Case: 13-31069

Document: 00512685345

Page: 1

Date Filed: 07/02/2014

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-31069
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
July 2, 2014
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSEPH SMITH,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:04-CR-17-3
Before WIENER, OWEN, and HAYNES, Circuit Judges.
PER CURIAM: *

The attorney appointed to represent Joseph 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 filed a response. We have reviewed counsel’s brief and the relevant
portions of the record reflected therein, as well as Smith’s response. We concur
with counsel’s assessment that the appeal presents no nonfrivolous issue for

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-31069

Document: 00512685345

Page: 2

Date Filed: 07/02/2014

No. 13-31069
appellate review.

Accordingly, counsel’s motion for leave to withdraw is

GRANTED, and counsel is excused from further responsibilities herein.
Smith’s motion for the appointment of substitute counsel is DENIED. 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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