United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 17, 2005
Charles R. Fulbruge III
Clerk
No. 04-60842
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WILLIE EARL CULLEY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:00-CR-4-ALL
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Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
On appeal from the denial of a motion for modification of
sentence pursuant to 18 U.S.C. § 3582(c)(2), the Federal Public
Defender, appointed appellate counsel for Willie Earl Culley
(federal prisoner No. 02481-043), has filed a motion to withdraw
pursuant to Anders v. California, 386 U.S. 738 (1967). Culley
has filed responses to counsel’s motion.
*
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this opinion should not be published and is not precedent except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. 04-60842
-2-
There is no right to appointed counsel in an appeal from the
denial of relief under 18 U.S.C. § 3582(c)(2). United States v.
Whitebird, 55 F.3d 1007, 1010-11 (5th Cir. 1995). Nevertheless,
as the district court appointed counsel to represent Culley, we
apply the principles enunciated in Anders to determine whether
counsel should be permitted to withdraw. See Dinkins v. Alabama,
526 F.2d 1268, 1269 (5th Cir. 1976).
The instant appeal is limited to the district court’s denial
of the motion for modification of sentence. Our independent
review of counsel’s brief, Culley’s responses, and the record
discloses no nonfrivolous issue for appeal. 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.