UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-40772
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KENNETH WAYNE MITCHELL,
Defendant-Appellant.
Appeal from the United States District Court
For the Eastern District of Texas
(1-95-CR-44)
March 1, 1996
Before POLITZ, Chief Judge, GARWOOD and STEWART, Circuit Judges.
PER CURIAM:*
Kenneth Wayne Mitchell was convicted, pursuant to a guilty plea, of possession with
intent to distribute cocaine base and of distribution of same. He was sentenced as a career
offender to imprisonment for 151 months, the low end of the guideline range, together with
supervised release for three years. Mitchell directed his appointed counsel to notice an
appeal.
Mitchell’s appointed counsel has filed the brief mandated by Anders v. California1
*
Pursuant to Local Rule 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in Local Rule
47.5.4.
1
386 U.S. 738 (1967).
and a motion to withdraw. On December 4, 1995, the clerk of this court notified Mitchell
of his right to file a response to counsel’s motion within 30 days. No response has been
filed.
Neither the brief nor our independent review of the record discloses any nonfrivolous
issue for appeal. The motion to withdraw is GRANTED, counsel is relieved of further
responsibilities herein, and the appeal is DISMISSED.
2