USA v. Golden

Filing 920090212


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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-30071 Summary Calendar February 12, 2009 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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