United States v. Barber

* 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this opinion should not be published and is not precedent except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 6, 2005
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
05-30100
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ELLIS MOSES BARBER,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Louisiana
2:03-CR-20093-1
Before BARKSDALE, STEWART and CLEMENT, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Ellis Moses
Barber has moved for leave to withdraw and has filed a brief as
required by Anders v. California, 386 U.S. 738 (1967). Barber has
filed a response claiming ineffective assistance of appellate
counsel; and challenging the factual basis supporting his guilty
plea and the district court’s application of the statutorily-
mandated minimum sentences.
Our independent review of the brief, the record, and Barber’s
response discloses no nonfrivolous issue for appeal. We decline

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on direct appeal to address Barber’s allegations of ineffective
assistance of counsel. See United States v. Brewster, 137 F.3d
853, 859 (5th Cir.), cert. denied, 525 U.S. 908 (1998).
Counsel’s motion for leave to withdraw is GRANTED. Counsel is
excused from further responsibilities in this case, and the appeal
is DISMISSED. See 5TH CIR. R. 42.2.

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