United States v. Barber

144 F. App'x 445

Opinion

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, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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 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, 119 S.Ct. 247, 142 L.Ed.2d 203 (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.

* Pursuant to 5m Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.