USA v. James Wallace

Filing

UNPUBLISHED OPINION FILED. [16-11323 Dismissed as Frivolous in Part and Dismissed as Moot in part] Judge: CDK , Judge: PRO , Judge: SAH. Mandate issue date is 11/15/2017 for Appellant James Kevin Wallace; granting motion to withdraw as counsel filed by Mr. Brandon Elliott Beck [8515124-2] [16-11323]

Case: 16-11323

Document: 00514207246

Page: 1

Date Filed: 10/24/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-11323
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
October 24, 2017

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
JAMES KEVIN WALLACE,
Defendant-Appellant
Appeals from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CR-425-1
Before KING, OWEN, and HIGGINSON, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent James Kevin
Wallace 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). Wallace has filed a response. Although Wallace
remains subject to a term of supervised release, he has completed the term of
imprisonment imposed upon the revocation of his supervised release. We have

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-11323

Document: 00514207246

Page: 2

Date Filed: 10/24/2017

No. 16-11323
reviewed counsel’s brief and the relevant portions of the record reflected
therein, as well as Wallace’s response. We concur with counsel’s assessment
that the appeal presents no nonfrivolous 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
in part as frivolous, see 5TH CIR. R. 42.2, and in part as moot, see United States
v. Heredia-Holguin, 823 F.3d 337, 340 (5th Cir. 2016) (en banc).

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