USA v. Bates

Filing

UNPUBLISHED OPINION FILED. [09-30038 Dismissed AS FRIVOLOUS ] Judge: TMR , Judge: JLD , Judge: EBC Mandate pull date is 12/14/2010; granting attorney motion to withdraw as counsel filed by Attorney Mr. George Frazier, Esq. for Appellant Mr. James H Bates [6335225-2] [09-30038]

USA v. Bates

Case: 09-30038 Document: 00511302152 Page: 1 Date Filed: 11/23/2010

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-30038 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. J A M E S H BATES, 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 Eastern District of Louisiana U S D C No. 2:06-CR-243-1

B e fo r e REAVLEY, DENNIS, and CLEMENT, Circuit Judges. P E R CURIAM:* T h e attorney appointed to represent James H. Bates, federal prisoner # 24837-034, in his appeal of the district court's order denying 18 U.S.C. § 3582(c)(2) relief, has moved for leave to withdraw and has filed a brief in a c c o r d a n c e with Anders v. California, 386 U.S. 738 (1967). Bates has not filed a response. Our independent review of the record and counsel's brief discloses n o nonfrivolous issue for appeal. Accordingly, counsel's motion for leave to

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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Dockets.Justia.com

Case: 09-30038 Document: 00511302152 Page: 2 Date Filed: 11/23/2010 No. 09-30038 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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