¶1 The attorney appointed to represent Carl Golden has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Golden has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal in connection with the sentence imposed upon resentencing. Accordingly, counsel’s 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. Counsel’s alternative motion to remand for a ruling on a certificate of appealability is DENIED. See Pope v. MCI Telecommunications Corp., 937 F.2d 258, 266 (5th Cir.1991).
310 F. App'x 644
United States v. Golden
U.S. Courts of Appeals
Decided February 12, 2009
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U.S. Courts of Appeals · decided 2009-02-12
Relies on Anders v. California · Pope v. MCI Telecommunications Corp.
Decided 2009-02-12