IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-51275
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSEPH TEAGUE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-00-CR-289-2
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October 24, 2001
Before JOLLY, JONES and DENNIS, Circuit Judges.
PER CURIAM:*
Counsel representing Joseph Teague has moved for leave to
withdraw and has filed a brief as required by Anders v.
California, 386 U.S. 738 (1967). Teague has responded to
counsel’s motion contending that there was a variance between the
allegations and the proof of the quantity of cocaine, rendering
his guilty plea involuntary and unconstitutional under Apprendi
v. New Jersey, 530 U.S. 466 (2000). Teague also argues that his
counsel misrepresented to him whether he might be sentenced as a
*
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that this opinion should not be published and is not precedent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. 00-51275
-2-
career offender and that the Government failed to timely notice
its intent to enhance his sentence for being a career offender.
Our independent review of the brief, Teague’s response, and
the record discloses no nonfrivolous issue. Accordingly,
counsel’s 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.