USA v. James Persky, No. 12-51027 (5th Cir. 2013)

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Case: 12-51027 Document: 00512352368 Page: 1 Date Filed: 08/23/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-51027 Summary Calendar August 23, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff Appellee, versus JAMES RANDALL PERSKY, Defendant Appellant. Appeal from the United States District Court for the Western District of Texas No. 6:12-CR-111-1 Before JOLLY, SMITH, and CLEMENT, Circuit Judges. PER CURIAM:* The attorney appointed to represent James Persky 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). Persky has * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-51027 Document: 00512352368 Page: 2 Date Filed: 08/23/2013 No. 12-51027 not filed a response. Having 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 appellate review. Accordingly, the 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