United States v. Booker

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-40525 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DONNIE DARRELL BOOKER; PABLO RUIZ; CEDRIC CATLIN, Defendants-Appellants. -------------------- Appeals from the United States District Court for the Eastern District of Texas USDC No. 4:01-CR-32-7 -------------------- December 16, 2002 Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Robert E. Richardson, Jr., court-appointed appellate counsel for defendant Cedric Catlin, has moved for leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Catlin has filed a response to counsel’s motion. Our independent review of the brief and the record discloses no nonfrivolous issues for appeal. Counsel’s motion for leave to * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-40525 -2- withdraw is GRANTED, counsel is excused from further responsibilities, and the appeal is DISMISSED. See 5TH CIR. R. 42.2. Catlin’s motion for leave to file a pro se appellate brief is DENIED. See United States v. Wagner, 158 F.3d 901, 902- 03 (5th Cir. 1998). ANDERS MOTION GRANTED; APPEAL DISMISSED; MOTION FOR PERMISSION TO PROCEED PRO SE DENIED.