United States v. Golden , 310 F. App'x 644 ( 2009 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 12, 2009
No. 08-30071
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
CARL GOLDEN
Defendant-Appellant
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:03-CR-206-3
Before WIENER, STEWART, and CLEMENT, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Carl Golden has moved for leave to
withdraw and has filed a brief in accordance with Anders v. California, 386 U.S.
738 (1967). Golden has not filed a response. Our independent review of the
record and counsel’s brief discloses no nonfrivolous issue for appeal in connection
with the sentence imposed upon resentencing. Accordingly, counsel’s motion for
leave to withdraw is GRANTED, counsel is excused from further responsibilities
*
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should not be published and is not precedent except under the limited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 5TH CIR. R. 47.5.4.
No. 08-30071
herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. Counsel’s
alternative motion to remand for a ruling on a certificate of appealability is
DENIED. See Pope v. MCI Telecommunications Corp., 937 F.2d 258, 266 (5th
Cir. 1991).
2