USA v. Melvin Ward


UNPUBLISHED OPINION FILED. [16-50970 Dismissed as Frivolous] Judge: EGJ, Judge: JES, Judge: JEG. Mandate pull date is 05/17/2017 for Appellant Melvin Ward; denying as untimely motion to appoint counsel filed by Appellant Mr. Melvin Ward [8403548-5]; denying motion to extend time to file Anders pro se response filed by Appellant Mr. Melvin Ward [8403548-3]; denying motion to stay further proceedings in this court filed by Appellant Mr. Melvin Ward [8403548-4]; granting motion to withdraw as counsel filed by Mr. Aaron Eugene Eckman, Esq. [8363094-2] [16-50970]

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Case: 16-50970 Document: 00513968967 Page: 1 Date Filed: 04/26/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-50970 Summary Calendar United States Court of Appeals Fifth Circuit FILED April 26, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MELVIN WARD, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 7:15-CR-201-1 Before JOLLY, SMITH, and GRAVES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Melvin Ward 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). Ward has filed a response. He requests substitution of new counsel for his appointed attorney, an extension of time for a new attorney to file a responsive brief, and a stay of the proceedings. The motion is DENIED as untimely as to 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-50970 Document: 00513968967 Page: 2 Date Filed: 04/26/2017 No. 16-50970 the appointment of counsel. See United States v. Wagner, 158 F.3d 901, 90203 (5th Cir. 1998). Because the decision in Beckles v. United States, 137 S. Ct. 886 (2017), has issued, the motion for a stay of the proceedings is DENIED as well. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Ward’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. See 5TH CIR. R. 42.2. 2

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