USA v. Kerr, No. 22-50949 (5th Cir. 2023)

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Case: 22-50949 Document: 00516952579 Page: 1 Date Filed: 11/01/2023 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 22-50949 Summary Calendar ____________ November 1, 2023 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Milton Kerr, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 1:21-CR-152-7 ______________________________ Before Jones, Southwick, and Ho, Circuit Judges. Per Curiam: * The attorney appointed to represent Milton Kerr 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). Kerr has not filed a response. We have reviewed counsel’s brief and the _____________________ * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 22-50949 Document: 00516952579 Page: 2 Date Filed: 11/01/2023 No. 22-50949 relevant portions of the record reflected therein. 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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