USA v. Darwyn Lewis, No. 12-10771 (5th Cir. 2013)

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Case: 12-10771 Document: 00512146473 Page: 1 Date Filed: 02/19/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-10771 Conference Calendar February 19, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DARWYN DEMOND LEWIS, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:11-CR-351-1 Before KING, CLEMENT, and HAYNES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Darwyn Demond Lewis 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). Lewis has filed a response. We have reviewed counsel s brief and the relevant portions of the record reflected therein, as well as Lewis s response. We concur with counsel s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel s motion for leave * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-10771 Document: 00512146473 Page: 2 Date Filed: 02/19/2013 No. 12-10771 to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. Lewis s motion to relieve counsel and appoint substitute counsel is DENIED. 2

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