United States v. Morris ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-10156
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ELBERT CHARLES MORRIS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:91-CR-291-1-G
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December 12, 2002
Before JOLLY, JONES, and CLEMENT, Circuit Judges.
PER CURIAM:*
The Federal Public Defender has moved for leave to withdraw
from this appeal after resentencing and has filed a brief as
required by Anders v. California, 386 U.S. 738 (1967). Elbert
Charles Morris received a copy of counsel’s motion and brief and
filed his own pro se brief seeking a further reduction in his
*
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that this opinion should not be published and is not precedent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. 02-10156
- 2 -
sentence based on an amendment to the guidelines that was not
made retroactive. See U.S.S.G. § 1B1.10(c). Our independent
review of counsel’s brief, Morris’ brief, and the record
discloses no nonfrivolous issue. Accordingly, counsel’s motion
for leave to withdraw is GRANTED, counsel is excused from further
responsibilities herein, and the APPEAL IS DISMISSED. See 5TH
CIR. R. 42.2.