USA v. Benjamin Matthew

Filing

UNPUBLISHED OPINION FILED. [16-10722 Dismissed as Frivolous] Judge: EGJ , Judge: ECP , Judge: LHS Mandate pull date is 03/14/2017 for Appellant Benjamin Grant Matthews; denying motion to proceed pro se filed by Appellant Mr. Benjamin Grant Matthews [8336922-2]; granting motion to withdraw as counsel filed by Mr. Jerry Van Beard, Esq. [8312274-2] [16-10722]

Case: 16-10722

Document: 00513882533

Page: 1

Date Filed: 02/21/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-10722
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
February 21, 2017

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
BENJAMIN GRANT MATTHEWS,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:16-CR-41-1
Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Benjamin Grant
Matthews 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). Matthews has filed a response. We have reviewed
counsel’s brief and the relevant portions of the record reflected therein, as well
as Matthews’s response. We concur with counsel’s assessment that the appeal

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-10722

Document: 00513882533

Page: 2

Date Filed: 02/21/2017

No. 16-10722
presents no nonfrivolous issue for appellate review. Accordingly, counsel’s
motion for leave to withdraw is GRANTED, counsel is excused from further
responsibilities herein, Matthews’s motion to proceed pro se is DENIED, and
the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

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