USA v. Joshua Byrd, No. 17-20617 (5th Cir. 2018)

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Case: 17-20617 Document: 00514543286 Page: 1 Date Filed: 07/06/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-20617 Summary Calendar FILED July 6, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSHUA ROBERT BYRD, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:17-CR-163-1 Before JOLLY, OWEN, and HAYNES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Joshua Robert Byrd 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). Byrd has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Byrd’s response. We concur with counsel’s assessment that the appeal presents no 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-20617 Document: 00514543286 Page: 2 Date Filed: 07/06/2018 No. 17-20617 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. Byrd’s untimely motions for the appointment of new counsel and to proceed pro se on appeal are DENIED. Byrd’s requests for an extension of time are also DENIED. 2

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