United States v. Green, et al

* 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that this opinion should not be published and is not precedent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
February 18, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-20388
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERT GREEN, JR.,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-512-1
--------------------
Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Court-appointed counsel for Robert Green, Jr., has moved for
leave to withdraw from this appeal and has filed a brief pursuant
to Anders v. California, 386 U.S. 738 (1967). Green was advised
of the motion and served with a copy of counsel’s brief, but has
not filed a response to the motion. Our independent review of
the brief and the record discloses no nonfrivolous issue for
appeal. Green waived the right to appeal his conviction and
sentence, except for an upward departure from the guideline

-- 1 of 2 --

No. 03-20388
-2-
sentencing range. The record reflects that Green’s guilty plea
and waiver were knowing and voluntary, and the district court did
not depart upward in sentencing Green.
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.

-- 2 of 2 --