USA v. Britt Gresham


UNPUBLISHED OPINION FILED. [16-10818 Dismissed as Frivolous] Judge: EGJ, Judge: JES, Judge: JEG. Mandate pull date is 03/13/2017 for Appellant Britt Michael Gresham; denying motion to remand case filed by Appellant Mr. Britt Michael Gresham [8370749-2]; denying motion to appoint counsel filed by Appellant Mr. Britt Michael Gresham [8417275-2]; granting motion to withdraw as counsel filed by Ms. Christy Lee Drake [8318567-2] [16-10818]

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Case: 16-10818 Document: 00513881619 Page: 1 Date Filed: 02/20/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-10818 Summary Calendar United States Court of Appeals Fifth Circuit FILED February 20, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, versus BRITT MICHAEL GRESHAM, Defendant–Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 2:15-CR-38-2 Before JOLLY, SMITH, and GRAVES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Britt Gresham has moved for leave 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-10818 Document: 00513881619 Page: 2 Date Filed: 02/20/2017 No. 16-10818 to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Pesina-Rodriguez, 825 F.3d 787, 788 (5th Cir. 2016). Gresham has filed a response. We have reviewed counsel’s brief, Gresham’s response, 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. Accordingly, the 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. Gresham’s request for appointment of substitute counsel is DENIED. Gresham’s motion for remand or tolling of the limitation period is DENIED. 2

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