USA v. Joshua White, No. 11-30268 (5th Cir. 2011)

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Case: 11-30268 Document: 00511699292 Page: 1 Date Filed: 12/19/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-30268 Conference Calendar December 19, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSHUA JEROME WHITE, Defendant-Appellant Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:10-CR-147-1 Before KING, HAYNES, and GRAVES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Joshua Jerome White 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). White has filed a response in which he requests credit against his sentence for the time spent in custody after his arrest. We have reviewed counsel s brief and the relevant portions of the record reflected therein, as well as White s response. We concur with counsel s assessment that the appeal presents no nonfrivolous * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-30268 Document: 00511699292 Page: 2 Date Filed: 12/19/2011 No. 11-30268 issue for appellate review. Further, 28 U.S.C. ยง 2241 is the proper procedural vehicle for obtaining credit for prior custody. United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992). 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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