United States v. Fain

United States Court of Appeals
for the Fifth Circuit

No. 19-40085
Conference Calendar

United States of America,

Plaintiff—Appellee,

versus

Joseph Fain,

Defendant—Appellant.

Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:18-CR-10-6

Before Jones, Clement, and Haynes, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Joseph Fain 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). Fain
has not filed a response. We have reviewed counsel’s brief and the relevant

*
Pursuant to 5TH CIR. R. 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not be published and is not precedent except under the limited circumstances set forth in
5
TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
August 10, 2020

Lyle W. Cayce
Clerk
Case: 19-40085 Document: 00515521613 Page: 1 Date Filed: 08/10/2020

No. 19-40085
2
portions of the record reflected therein. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate
review. See United States v. Pesina-Rodriguez, 825 F.3d 787, 788 (5th Cir.
2016). Accordingly, counsel’s motion for leave to withdraw is GRANTED,
counsel is excused from further responsibilities herein, and the APPEAL IS
DISMISSED. See 5
TH CIR. R. 42.
Case: 19-40085 Document: 00515521613 Page: 2 Date Filed: 08/10/2020