United States v. Carter

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-41002
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DARYL DEWAYNE CARTER,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:00-CR-5-1
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August 23, 2001
Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges.
PER CURIAM:*
Court-appointed counsel representing Daryl Dewayne Carter
has moved for leave to withdraw and has filed a brief in
accordance with Anders v. California, 386 U.S. 738 (1967).
Carter was provided with a copy of counsel’s Anders motion and
brief. Carter has filed a response asserting that the district
court abused its discretion in denying his motion to withdraw his
guilty plea and that counsel was ineffective.
Our independent review of the record, counsel’s brief, and
Carter’s response shows that there are no nonfrivolous issues for

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No. 00-41002
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appeal. Counsel’s 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.

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