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upholding a sentence increase for a conviction of HIV-positive prisoner who bit correctional officer
Summary of this case from U.S. v. RochaOpinion
No. 06-41542 Conference Calendar.
August 21, 2007.
Randall Lynn Fluke, Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Texas, Beaumont, TX, for Plaintiff-Appellee.
Gary R. Bonneaux, Federal Defender's Office, Eastern District of Texas, Tyler, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Eastern District of Texas, USDC No. 1:05-CR-137-ALL.
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
The Federal Public Defender appointed to represent Sean Allen Studnicka 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). Studnicka 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 withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. The Government's motion to dismiss is DENIED.