United States v. Vezia, 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-30328
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROGER VEZIA,
Defendant-Appellant.
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________________
No. 00-30792
________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FREDDIE FRANCIS, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 99-CR-20028-8
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April 12, 2001
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*

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No. 00-30328
No. 00-30792
-2-
Counsel appointed to represent Roger Vezia has moved for
leave to withdraw and has filed a brief as required by Anders v.
California, 386 U.S. 738 (1967). Vezia has filed a response
arguing that his sentence should be vacated in view of Apprendi
v. New Jersey, 120 S. Ct. 2348 (2000). Because Vezia’s 126-month
sentence did not exceed the 20-year statutory maximum penalty for
possession with intent to distribute an unspecified amount of
cocaine base under 21 U.S.C. § 841(b)(1)(C), Apprendi does not
require that Vezia’s sentence be vacated. See United States v.
Keith, 230 F.3d 784, 787 (5th Cir. 2000), cert. denied, 121 S.
Ct. 1163 (2001). Our independent review of the brief and the
record discloses no nonfrivolous issue in this direct appeal.
Accordingly, the 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. The order consolidating
Vezia’s appeal with United States v. Francis, No. 00-30792 and
United States v. Milburne, No. 00-30372 is RESCINDED.

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