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UNITED STATES of America, Plaintiff-Appellee, v. Joshua J. HERMAN, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2013-04-16No. No. 12-10686
533 F. App'x 427

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Opinion

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PER CURIAM:

The Federal Public Defender appointed to represent Joshua J. Herman has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir.2011). Herman has not filed a response. Although Herman’s restitution obligation remains, he has been released from prison, and the district court imposed no further term of supervised release. 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, and the APPEAL IS DISMISSED in part as frivolous, see 5th Cir. R. 42.2, and in part as moot, see Spencer v. Kemna, 523 U.S. 1, 7, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998).

Pursuant to 5th Cm. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.