IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-60192
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAMES WILSON BROCK, also known
as Tobert Sones Brock Jr.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3-97-CR-56-ALL-LN
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June 1, 2000
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
James Wilson Brock was convicted of conspiracy to defraud
the Government of claims in violation of 18 U.S.C. § 286.
Brock’s court-appointed counsel, Cynthia A. Stewart, has moved
for leave to withdraw and has filed a brief as required by Anders
v. California, 386 U.S. 738 (1967). Brock was sent a copy of
counsel’s motion and brief, but has not filed a response. Our
independent review of the brief and the record discloses no
*
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that this opinion should not be published and is not precedent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. 99-60192
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nonfrivolous issue for appeal. Accordingly, counsel’s motion for
leave to withdraw is GRANTED, and the APPEAL IS DISMISSED.
We previously ordered Stewart to file a copy of the
Memorandum of Understanding referenced in her motion and brief as
providing for a waiver of Brock’s right to appeal. She has not
done so but has filed a letter indicating that she does not have
a signed copy of such document. Although Stewart stated that she
reviewed this memorandum and represented to the court that Brock
waived his right to appeal his guilty plea and sentence, the
record is devoid of any evidence that Brock waived his right to
appeal. Stewart is, therefore, ORDERED TO SHOW CAUSE why she
should not be sanctioned for making material misrepresentations
to this court. Stewart shall have until June 15, 2000, to file
with the Clerk of this Court under oath her response to this show
cause order.
MOTION GRANTED; APPEAL DISMISSED; ORDER TO SHOW CAUSE
ISSUED.