USA v. Loston

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UNPUBLISHED OPINION FILED. [08-31099 Dismissed AS FRIVOLOUS] Judge: EGJ , Judge: EMG , Judge: CES Mandate pull date is 12/14/2010; denying motion to appoint counsel filed by Appellant Mr. Leo Loston [6649063-2]; granting attorney motion to withdraw as counsel filed by Appellant Mrs. Betty Lee Marak, Esq. for Appellant Mr. Leo Loston [6203079-2] [08-31099]

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USA v. Loston Case: 08-31099 Document: 00511302688 Page: 1 Date Filed: 11/23/2010 Doc. 0 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED N o . 08-31099 S u m m a r y Calendar November 23, 2010 Lyle W. Cayce Clerk U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. L E O LOSTON, D e fe n d a n t -A p p e lla n t A p p e a l from the United States District Court fo r the Western District of Louisiana U S D C No. 5:05-CR-50004-ALL B e fo r e JOLLY, GARZA, and STEWART, Circuit Judges. P E R CURIAM:* T h e Federal Public Defender appointed to represent Leo Loston has moved fo r leave to withdraw and has filed a brief in accordance with Anders v. C a lifo r n ia , 386 U.S. 738 (1967). Loston has filed a response in which he argues t h a t the district court erred in denying his 18 U.S.C. § 3582(c)(2) motion because h e is eligible for relief under Amendment 706 to the Sentencing Guidelines and b e c a u s e relief was warranted. Loston also seeks the appointment of new c o u n s e l. Our independent review of the record, counsel's brief, and Loston's 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Dockets.Justia.com Case: 08-31099 Document: 00511302688 Page: 2 Date Filed: 11/23/2010 No. 08-31099 r e s p o n s e discloses no nonfrivolous issue for appeal. Accordingly, the motion for le a v e to withdraw is GRANTED, Loston's motion for the appointment of new c o u n s e l is DENIED, counsel is excused from further responsibilities herein, and t h e APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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