USA v. Ball, No. 08-31022 (5th Cir. 2010)

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Case: 08-31022 Document: 00511085375 Page: 1 Date Filed: 04/20/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-31022 Conference Calendar April 20, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. LESTER TERRAZE BALL, also known as T-Ball Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:01-CR-50025-1 Before SMITH, PRADO, and HAYNES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Lester Terraze Ball has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Ball has not filed a response. Our independent review of the record and counsel s brief discloses no nonfrivolous issue for appeal. Because Ball 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 08-31022 Document: 00511085375 Page: 2 No. 08-31022 Date Filed: 04/20/2010 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

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