United States v. Hawthorne

* 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that this opinion should not be published and is not precedent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
October 22, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-21350
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FREDERICK LAMAR HAWTHORNE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-307-3
--------------------
Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM:*
Court-appointed counsel for Frederick Lamar Hawthorne has
requested leave to withdraw and has filed a brief as required
by Anders v. California, 386 U.S. 738 (1967). Although he was
notified of counsel’s motion, Hawhthorne has filed no response.
Our independent review of counsel’s brief and the record
discloses no nonfrivolous issue for appeal with respect to
Hawthorne’s conviction. As part of his plea agreement, Hawthorne

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No. 02-21350
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validly waived his right to directly appeal his sentence.
See United States v. Portillo, 18 F.3d 290, 292 (5th Cir. 1994).
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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