U.S. Court of Appeals for the Fifth Circuit, 2006

United States v. Nellums

United States v. Nellums
U.S. Court of Appeals for the Fifth Circuit · Decided October 6, 2006 · Demoss, Stewart, Prado
202 F. App'x 658

United States v. Nellums

Opinion

PER CURIAM: *

The Assistant Federal Public Defender appointed to represent Floyd Nellums, Jr., has filed a motion to withdraw and brief pursuant to Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Nellums filed a response arguing that his guilty plea was not knowing and voluntary as to the amount of loss used to enhance his sentence and that the district court clearly erred in enhancing his sentenced based on that loss amount.

Our independent review of the record, counsel’s brief, and Nellums’s response discloses no nonfrivolous issue in this direct appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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