United States v. Schuessler

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-50482
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

PHILLIP SCHUESSLER, also known as Philip Martin Schuessler,

Defendant-Appellant

Appeals from the United States District Court
for the Western District of Texas
USDC No. 5:17-CR-697-1

Before CLEMENT, GRAVES, and OLDHAM, Circuit Judges.
PER CURIAM:
*

The attorney appointed to represent Phillip Schuessler 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).
Schuessler has not filed 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

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
June 1, 2020

Lyle W. Cayce
Clerk
Case: 19-50482 Document: 00515435891 Page: 1 Date Filed: 06/01/2020

No. 19-50482
2
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 5
TH CIR. R. 42.2.
The judgment is REFORMED to provide for a concurrent five-year term
of supervised release as to count two, as the district court imposed in its oral
pronouncement. See United States v. Hernandez-Guevara, 162 F.3d 863, 877-
78 (5th Cir. 1998); United States v. Mireles, 471 F.3d 551, 557-58 (5th Cir.
2006).
Case: 19-50482 Document: 00515435891 Page: 2 Date Filed: 06/01/2020