Case: 08-31071 Document: 00511085426 Page: 1 Date Filed: 04/20/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 20, 2010
No. 08-31071
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DAVID CHAMBERS,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:01-CR-50074-1
Before SMITH, PRADO, and HAYNES, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent David Chambers has
moved for leave to withdraw and has filed a brief in accordance with Anders v.
California, 386 U.S. 738 (1967). Chambers has not filed a response. Our
independent review of the record and counsel’s brief discloses no nonfrivolous
issue for appeal. Because Chambers is “subject to a statutory minimum
sentence above the upper end of his guideline range,” the district had no
authority pursuant to 18 U.S.C. § 3582(c)(2) to reduce his sentence based on the
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 08-31071 Document: 00511085426 Page: 2 Date Filed: 04/20/2010
No. 08-31071
amendments to the crack cocaine Guidelines. United States v. Carter, 595 F.3d
575, 581 (5th Cir. 2010). Accordingly, counsel’s motion for leave to withdraw is
GRANTED, counsel is excused from further responsibilities herein, and the
APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2.
2