USA v. Dominique Smith, No. 18-10522 (5th Cir. 2018)

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Case: 18-10522 Document: 00514773458 Page: 1 Date Filed: 12/26/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 18-10522 Conference Calendar United States Court of Appeals Fifth Circuit FILED December 26, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff−Appellee, versus DOMINIQUE DEONTAE SMITH, Defendant−Appellant. Appeal from the United States District Court for the Northern District of Texas No. 3:17-CR-236-2 Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Dominique Smith has moved for 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-10522 Document: 00514773458 Page: 2 Date Filed: 12/26/2018 No. 18-10522 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). Smith has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record. 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