United States v. Clark

* 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this opinion should not be published and is not precedent except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. 99-31381
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GERALD LEE CLARK,
Defendant-
Appellant.
----------------------------------------------------------
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 99-CR-21-ALL-A
----------------------------------------------------------
July 25, 2000
Before EMILIO M. GARZA, DeMOSS and STEWART, Circuit Judges:
PER CURIAM:*
Court-appointed counsel for Gerald Lee Clark has moved for leave to withdraw and has filed
a brief as required by Anders v. California, 386 U.S. 738 (1967). Clark has filed a response, arguing
that (1) the four-level increase to his offense level pursuant to U.S.S.G. § 2K2.1(b)(5) was error; (2)
the district court should have departed downward from the guidelines range in light of his age, poor
health, and his lack of any intent to use the shotgun for an unlawful purpose; and (3) the information
relied upon by the district court was materially false and unreliable. Our independent review of the
brief, the record, and Clark’s response discloses no nonfrivolous issue. Accordingly, counsel’s

-- 1 of 2 --

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 --