IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20272
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
THOMAS OLIVER MORGAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-99-CR-548-1
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February 15, 2001
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Thomas Oliver Morgan’s court-appointed attorney has moved
for leave to withdraw and has filed a brief as required by Anders
v. California, 386 U.S. 738 (1967). Morgan has received a copy
of counsel’s brief and motion and has filed a response. Morgan
contends that his plea was not knowingly and voluntarily made and
that his attorney failed to adequately assist Morgan with his
appeal. He moves this court to appoint a new attorney.
Our independent review of the brief and the record discloses
no nonfrivolous issue, and indicates that Morgan’s guilty plea
*
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that this opinion should not be published and is not precedent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. 00-20272
-2-
was knowingly and voluntarily made. Accordingly, the motion for
leave to withdraw is GRANTED, counsel is excused from further
responsibilities herein, and the APPEAL IS DISMISSED. See 5TH
CIR. R. 42.2. Morgan’s request for the appointment of new
counsel is DENIED.