United States v. Burton

* 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that this opinion should not be published and is not precedent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. 01-41127
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DONTE RAMONE BURTON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:00-CR-198-1
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August 20, 2002
Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Donte
Ramone Burton has moved for leave to withdraw and has filed a
brief as required by Anders v. California, 386 U.S. 738 (1967).
Burton has filed a pro se brief in response to the motion.
Burton argues that the district court erred by not departing
below the statutory minimum sentence, and he contends that his

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No. 01-41127
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appellate counsel has provided ineffective assistance by failing
to raise any grounds for appeal.
Burton knowingly and voluntarily waived his appeal rights,
except as to sentencing guideline determinations, and our
independent review of the briefs and the record discloses no
nonfrivolous issue for appeal. Accordingly, 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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