United States v. Iyamu

01-20081Court of Appeals for the Fifth Circuit13 de dez. de 2001

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* 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that this opinion should not be published and is not precedent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. 01-20081
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICHARD OSA IYAMU, also known as Richard O. Iyamu, also known
as Kofi Ada Nathan,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-452-3
--------------------
December 12, 2001
Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Richard Osa Iyamu on
appeal has moved for leave to withdraw and has filed a brief as
required by Anders v. California, 386 U.S. 738 (1967). Iyamu has
responded to counsel’s motion, contending that he did not waive
his right to appeal whether his sentence should have been imposed
to run consecutively to his state sentence; that the Government
breached the plea agreement; and that he received ineffective
assistance of counsel at the guilty plea and on appeal. Our
independent review of the brief, Iyamu’s response, and the record

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No. 01-20081
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discloses no nonfrivolous issue. Accordingly, 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.

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