USA v. Durst, No. 22-10945 (5th Cir. 2023)
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Case: 22-10945 Document: 00516695821 Page: 1 Date Filed: 03/30/2023 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-10945 Summary Calendar ____________ FILED March 30, 2023 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Don Alton Durst, Jr., Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:18-CR-382-1 ______________________________ Before Stewart, Duncan, and Wilson, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Don Alton Durst, Jr., 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). Durst has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-10945 Document: 00516695821 Page: 2 Date Filed: 03/30/2023 No. 22-10945 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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