United States v. Stephens

U.S. Court of Appeals for the Fifth Circuit

United States v. Stephens

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

________________

No. 00-30780 _________________

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus

CHARLES RAY STEPHENS, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 99-CR-50020-ALL --------------------

ON PETITION FOR REHEARING February 6, 2002 Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges.

IT IS ORDERED that the "motion for reconsideration" is

construed as a petition for rehearing and is GRANTED. See Fed.

R. App. P. 40. A review of the pleading filed by Stephens in

response to counsel’s motion to withdraw pursuant to Anders v.

California,

386 U.S. 738

(1967), reveals no nonfrivolous issue

for appeal. We decline to address the ineffective-assistance

issue on direct appeal. See United States v. Pierce,

959 F.2d 1297, 1301

(5th Cir. 1992). Counsel’s motion to withdraw is

GRANTED, counsel is excused from further responsibilities herein,

and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

ENTERED FOR THE COURT:

___________________________ UNITED STATES CIRCUIT JUDGE

Reference

Status
Unpublished