United States v. Brown

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
April 24, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-30748
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LIONEL BROWN, also known as Fat,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 01-CR-268-2
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Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Lionel
Brown has requested leave to withdraw as counsel and has filed a
brief as required by Anders v. California, 386 U.S. 738 (1967).
Brown has filed a response to counsel’s motion, arguing that:
(1) the district court erred in increasing his offense level by
two pursuant to U.S.S.G. § 2D1.1 and (2) the increase constitutes

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No. 02-30748
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an upward departure, which is appealable under the terms of the
plea agreement.
The waiver of appeal provision contained in the plea
agreement prohibits Brown from raising his substantive claim
on appeal. See United States v. Gaitan, 171 F.3d 222, 223
(5th Cir. 1999). Our independent review of the briefs and the
record discloses no non-frivolous issues for appeal. Counsel’s
motion for leave to withdraw is GRANTED, counsel is excused from
further responsibilities, and the appeal is DISMISSED. See
5TH CIR. R. 42.2.
ANDERS MOTION GRANTED; APPEAL DISMISSED.

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