USA v. Simmons, No. 21-40810 (5th Cir. 2022)

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Case: 21-40810 Document: 00516438547 Page: 1 Date Filed: 08/18/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED August 18, 2022 No. 21-40810 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Blake Andrew Simmons, Defendant—Appellant. Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:21-CR-7-2 Before Higginbotham, Graves, and Ho, Circuit Judges. Per Curiam:* The attorney appointed to represent Blake Andrew Simmons 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). Simmons has not filed a response. We have reviewed * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-40810 Document: 00516438547 Page: 2 Date Filed: 08/18/2022 No. 21-40810 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, 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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