USA v. Joseph Toussaint

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UNPUBLISHED OPINION FILED. [13-31206 Dismissed as Frivolous ] Judge: CDK , Judge: CH , Judge: SAH Mandate pull date is 07/08/2014 for Appellant Joseph Toussaint; granting motion to withdraw as counsel filed by Mr. Richard Mark Upton [7550768-2] [13-31206]

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Case: 13-31206 Document: 00512667038 Page: 1 Date Filed: 06/17/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-31206 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 17, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. JOSEPH TOUSSAINT, also known as Joseph T. Toussaint, Defendant-Appellant Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:12-CR-177-1 Before KING, HAYNES, and HIGGINSON, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Joseph Toussaint 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). Toussaint 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-31206 Document: 00512667038 Page: 2 Date Filed: 06/17/2014 No. 13-31206 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. 2

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