USA v. Derek Banks, No. 18-40749 (5th Cir. 2019)

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Case: 18-40749 Document: 00514883305 Page: 1 Date Filed: 03/21/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-40749 Conference Calendar FILED March 21, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DEREK E. BANKS, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:18-CR-116-1 Before HIGGINSON, COSTA, and HO, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Derek E. Banks 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). Banks has not filed a response. We have 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-40749 Document: 00514883305 Page: 2 Date Filed: 03/21/2019 No. 18-40749 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. 2

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