USA v. Ball

Filing 920100422

Case: 08-31022

Document: 00511085375

Page: 1

Date Filed: 04/20/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 08-31022 Conference Calendar April 20, 2010 Lyle W. Cayce Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee v. LESTER TERRAZE BALL, also known as T-Ball Defendant-Appellant

Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:01-CR-50025-1

Before SMITH, PRADO, and HAYNES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Lester Terraze Ball has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Ball has not filed a response. Our

independent review of the record and counsel's brief discloses no nonfrivolous issue for appeal. Because Ball is "subject to a statutory minimum sentence above the upper end of his guideline range," the district had no authority pursuant to 18 U.S.C. § 3582(c)(2) to reduce his sentence based on the
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
*

Case: 08-31022

Document: 00511085375 Page: 2 No. 08-31022

Date Filed: 04/20/2010

amendments to the crack cocaine Guidelines. United States v. Carter, 595 F.3d 575, 581 (5th Cir. 2010). Accordingly, counsel's motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2.

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