United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS December 5, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-20223
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN HARVEY JOHNSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-37-ALL
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Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
Counsel appointed for defendant John Harvey Johnson has
moved for leave to withdraw and has filed a brief as required by
Anders v. California, 386 U.S. 738 (1967). Johnson has filed a
response in which he argues that his guilty plea was involuntary,
his trial counsel was ineffective, and the district court abused
its discretion. We decline to address the ineffective assistance
*
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that this opinion should not be published and is not precedent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. 03-20223
-2-
claims raised by Johnson in this proceeding. See United States
v. Brewster, 137 F.3d 853, 859 (5th Cir. 1998).
Our independent review of counsel's brief, Johnson's
response, and the record discloses no nonfrivolous issues for
appeal. Counsel's motion for leave to withdraw is GRANTED.
Counsel is excused from further responsibilities, and the appeal
is DISMISSED. See 5TH CIR. R. 42.2. Because there is no
nonfrivolous issue for appeal, Johnson's motion for the
appointment of counsel is DENIED. Cf. United States v. Wagner,
158 F.3d 901, 902-03 (5th Cir. 1998).
ANDERS MOTION GRANTED; APPEAL DISMISSED; MOTION FOR THE
APPOINTMENT OF COUNSEL DENIED.