USA v. Michael Duncan, No. 13-20524 (5th Cir. 2014)
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Case: 13-20524 Document: 00512800027 Page: 1 Date Filed: 10/10/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-20524 Summary Calendar United States Court of Appeals Fifth Circuit FILED October 10, 2014 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. MICHAEL DUSHON DUNCAN, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:11-CR-61-13 Before PRADO, OWEN, and GRAVES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Michael Dushon Duncan 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). Duncan has filed a response and a motion for the appointment of new counsel. We have reviewed counsel s brief and the relevant portions of the record reflected therein, as well as Duncan s response. We concur with 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-20524 Document: 00512800027 Page: 2 Date Filed: 10/10/2014 No. 13-20524 counsel s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel s motion for leave to withdraw is GRANTED, and counsel is excused from further responsibilities herein. Duncan s motion for the appointment of counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). The APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2
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