United States v. Miller

No. 99-40377
-1-
* 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opinion should not be published and is not precedent except under the limited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. 99-40377
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERNEST MICHAEL MILLER,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:98-CR-154-1
--------------------
July 5, 2000
Before JOLLY, JONES and BENAVIDES, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Ernest Michael Miller
has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California, 386 U.S. 738 (1967). Miller received
a copy of counsel’s motion and brief but has not filed a response.
Counsel Thomas A. Chambers was previously ordered to file
a supplemental brief discussing the voluntariness of Miller’s
waiver of his right to appeal, except for sentencing guideline
issues, and counsel failed to do so. This failure is regrettable
and should not happen again. Counsel is admonished to comply in
the future with this court’s express orders. Nonetheless, our

-- 1 of 2 --

No. 99-40377
-2-
independent review of the record reflects that Miller knowingly and
voluntarily waived his right to appeal, except for errors involving
the sentencing guidelines.
Additional record review discloses no other nonfrivolous
issue. Accordingly, counsel’s motion for leave to withdraw is
GRANTED, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.
MOTION GRANTED; APPEAL DISMISSED; counsel Admonished.

-- 2 of 2 --