United States v. Rodriguez

* 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that this opinion should not be published and is not precedent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. 02-40225
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE RODRIGUEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-01-CR-275-4
--------------------
Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Court appointed counsel for Jose Rodriguez has moved for
leave to withdraw from this appeal and has filed a brief as
required by Anders v. California, 386 U.S. 738 (1967). Rodriguez
has filed a response and asserts that his criminal history score
was calculated erroneously because points were assigned to
convictions that predate the instant offense by more than fifteen
years. While convictions that occurred more than fifteen years

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No. 02-40225
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prior to the instant offense typically are not counted, those
convictions are counted if the resultant incarceration extended
into the fifteen year period preceding the instant offense.
U.S.S.G. § 4A1.1, comment. (n.1). All convictions included in
Rodriguez’s criminal history score had periods of incarceration
that extended into the fifteen year period prior to Rodriguez’s
commission of the instant offense and thus were properly counted.
Our independent review of the record discloses no
nonfrivolous issue. 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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