United States v. Howard ( 2005 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS June 22, 2005
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 04-30973
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TERRANCE HOWARD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:03-CR-280-2-B
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Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Terrance
Howard on appeal has filed a motion for leave to withdraw and a
brief pursuant to Anders v. California, 386 U.S. 738 (1967).
Howard has filed a response.
Because neither Howard nor his attorney filed any pleading
evincing an intent to appeal within the period prescribed in FED.
R. APP. P. 4(b)(4), the district court was without authority to
extend the time for filing an appeal. See United States v.
Awalt, 728 F.2d 704, 705 (5th Cir. 1984). Therefore, we lack
*
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that this opinion should not be published and is not precedent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. 04-30973
-2-
jurisdiction to consider Howard’s appeal. See id. Accordingly,
the motion for leave to withdraw is GRANTED, counsel is excused
from further responsibilities herein, and the APPEAL IS DISMISSED
for lack of jurisdiction.