USA v. Thomas Sims, No. 16-51473 (5th Cir. 2017)

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Case: 16-51473 Document: 00514116859 Page: 1 Date Filed: 08/15/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-51473 Summary Calendar United States Court of Appeals Fifth Circuit FILED August 15, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. THOMAS RICHARD SIMS, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 1:04-CR-93-1 Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Thomas Richard Sims 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). Sims has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-51473 Document: 00514116859 Page: 2 Date Filed: 08/15/2017 No. 16-51473 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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