USA v. Bates, No. 09-30038 (5th Cir. 2010)

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Case: 09-30038 Document: 00511302152 Page: 1 Date Filed: 11/23/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-30038 Summary Calendar November 23, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JAMES H BATES, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:06-CR-243-1 Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* The attorney appointed to represent James H. Bates, federal prisoner # 24837-034, in his appeal of the district court s order denying 18 U.S.C. § 3582(c)(2) relief, has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Bates has not filed a response. Our independent review of the record and counsel s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel s motion for leave to * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-30038 Document: 00511302152 Page: 2 Date Filed: 11/23/2010 No. 09-30038 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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