United States v. Smith

United States Court of Appeals
for the Fifth Circuit

No. 20-50239
Conference Calendar

United States of America,

Plaintiff—Appellee,

versus

Burt Allan Smith,

Defendant—Appellant.

Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:19-CR-254-1

Before King, Southwick, and Ho, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Burt Allan Smith 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).
Smith has not filed a response but has filed a pro se motion to dismiss his

*
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opinion should not be published and is not precedent except under the limited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.
United States Court of Appeals
Fifth Circuit
FILED
November 13, 2020

Lyle W. Cayce
Clerk
Case: 20-50239 Document: 00515638274 Page: 1 Date Filed: 11/13/2020

No. 20-50239
2
appeal. 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 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. Smith’s motion to dismiss his appeal is DENIED as
moot.
Case: 20-50239 Document: 00515638274 Page: 2 Date Filed: 11/13/2020