United States v. Rucker ( 2021 )

Case: 20-40270 Document: 00515931925 Page: 1 Date Filed: 07/09/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
July 9, 2021
No. 20-40270 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Joshua Rucker,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:19-CR-8-1
Before Higginbotham, Costa, and Engelhardt, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Joshua Rucker 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).
Rucker has filed a response. We have reviewed counsel’s brief and the
*
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opinion should not be published and is not precedent except under the limited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: 20-40270 Document: 00515931925 Page: 2 Date Filed: 07/09/2021
No. 20-40270
relevant portions of the record reflected therein, as well as Rucker’s
response. 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. Additionally, Rucker’s motion for the appointment of new counsel
is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir.
1998).
2