United States v. Stephens

00-30780Court of Appeals for the Fifth Circuit7 feb 2002

Testo completo

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
________________
No. 00-30780
_________________
UNITED STATES OF AMERICA, Plaintiff-Appellee,
versus
CHARLES RAY STEPHENS, Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 99-CR-50020-ALL
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ON PETITION FOR REHEARING
February 6, 2002
Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges.
IT IS ORDERED that the "motion for reconsideration" is
construed as a petition for rehearing and is GRANTED. See Fed.
R. App. P. 40. A review of the pleading filed by Stephens in
response to counsel’s motion to withdraw pursuant to Anders v.
California, 386 U.S. 738 (1967), reveals no nonfrivolous issue
for appeal. We decline to address the ineffective-assistance
issue on direct appeal. See United States v. Pierce, 959 F.2d
1297, 1301 (5th Cir. 1992). Counsel’s motion to withdraw is
GRANTED, counsel is excused from further responsibilities herein,
and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.
ENTERED FOR THE COURT:
___________________________
UNITED STATES CIRCUIT JUDGE

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