United States v. Lewellen ( 2022 )

Case: 22-10063 Document: 00516454687 Page: 1 Date Filed: 08/31/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 22-10063 August 31, 2022
Summary Calendar
Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
John Wayne Lewellen,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:21-CR-40-1
Before Higginbotham, Graves, and Ho, Circuit Judges.
Per Curiam:*
The attorney appointed to represent John Wayne Lewellen 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). Lewellen has not filed a response. We have reviewed counsel’s
*
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opinion should not be published and is not precedent except under the limited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: 22-10063 Document: 00516454687 Page: 2 Date Filed: 08/31/2022
No. 22-10063
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