United States v. Penny ( 2021 )

Case: 20-40378 Document: 00515940161 Page: 1 Date Filed: 07/15/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
July 15, 2021
No. 20-40378 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Katry L. Penny,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:19-CR-31-1
Before Clement, Haynes, and Higginson, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Katry L. Penny
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). Penny has filed a motion for an extension of time to file
*
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opinion should not be published and is not precedent except under the limited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: 20-40378 Document: 00515940161 Page: 2 Date Filed: 07/15/2021
No. 20-40378
a response. 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, Penny’s motion for an extension of time
is DENIED, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.
2