United States v. Stephens

                 IN THE UNITED STATES COURT OF APPEALS
                         FOR THE FIFTH CIRCUIT

                           ________________

                              No. 00-30780
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UNITED STATES OF AMERICA,
                                           Plaintiff-Appellee,

versus

CHARLES RAY STEPHENS,
                                           Defendant-Appellant.


                       --------------------
          Appeal from the United States District Court
              for the Western District of Louisiana
                     USDC No. 99-CR-50020-ALL
                       --------------------

                    ON PETITION FOR REHEARING
                         February 6, 2002
Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges.

     IT IS ORDERED that the "motion for reconsideration" is

construed as a petition for rehearing and is GRANTED.     See Fed.

R. App. P. 40.    A review of the pleading filed by Stephens in

response to counsel’s motion to withdraw pursuant to Anders v.

California, 386 U.S. 738 (1967), reveals no nonfrivolous issue

for appeal.   We decline to address the ineffective-assistance

issue on direct appeal.     See United States v. Pierce, 959 F.2d

1297, 1301 (5th Cir. 1992).    Counsel’s motion to withdraw is

GRANTED, counsel is excused from further responsibilities herein,

and the APPEAL IS DISMISSED.     See 5TH CIR. R. 42.2.

ENTERED FOR THE COURT:



___________________________
UNITED STATES CIRCUIT JUDGE