USA v. Gunnels

Filing

UNPUBLISHED OPINION FILED. [08-50948 Dismissed as frivolous ] Judge: TMR , Judge: JLD , Judge: EBC Mandate pull date is 11/09/2010; granting motion filed by Attorney Ms. Karyl Jean Krug for Appellant Mr. Daniel Allan Gunnels [6242333-3]; granting attorney motion to withdraw as counsel filed by Attorney Ms. Karyl Jean Krug for Appellant Mr. Daniel Allan Gunnels [6242333-2], granting motion to withdraw as counsel filed by Attorney Ms. Karyl Jean Krug for Appellant Mr. Daniel Allan Gunnels [6242333-4] [08-50948]

USA v. Gunnels

Doc. 0

Case: 08-50948

Document: 00511267680

Page: 1

Date Filed: 10/19/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 08-50948 S u m m a r y Calendar October 19, 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. D A N I E L ALLAN GUNNELS 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 Texas U S D C No. 5:98-CR-19-ALL

B e fo r e REAVLEY, DENNIS, and CLEMENT, Circuit Judges. P E R CURIAM:* T h e attorney appointed to represent Daniel Allan Gunnels has moved for le a v e to withdraw and has filed a brief in accordance with Anders v. California, 3 8 6 U.S. 738 (1967). Gunnels has filed a response in which he raises claims that c o u n s e l rendered ineffective assistance and that the district court erred by d e n y in g his § 3582 motion because Amendment 709 may be retroactively a p p lie d . Additionally, he contends that his original sentence was improper and t h a t the district court should have granted his § 3582 motion to correct it. Our
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 08-50948

Document: 00511267680 Page: 2 No. 08-50948

Date Filed: 10/19/2010

in d e p e n d e n t review of the record, counsel's brief, and Gunnels's response d is c lo s e s no nonfrivolous issue for appeal. Accordingly, the motion for leave to w it h d r a w is GRANTED, counsel is excused from further responsibilities herein, a n d the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

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