United States v. Mitchell

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 18, 2003

Charles R. Fulbruge III Clerk No. 01-31175 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

EDWARD D. MITCHELL,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 00-CR-30026-1 --------------------

Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.

PER CURIAM:*

James H. Looney, court-appointed counsel for Edward D.

Mitchell, has moved for leave to withdraw and has filed a

brief pursuant to Anders v. California, 386 U.S. 738 (1967).

Mitchell has filed a response arguing that his trial counsel was

ineffective for failing to argue at sentencing that Mitchell was

not a leader or organizer under U.S.S.G. § 3B1.1(a).

Our review of the briefs and of the record discloses no

nonfrivolous issue for appeal. Accordingly, the motion for leave

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 01-31175 -2-

to withdraw is GRANTED, counsel is excused from further

responsibilities, and the APPEAL IS DISMISSED. See 5TH CIR.

R. 42.2.