Opinion
No. 08-30774 Summary Calendar.
June 10, 2010.
Joseph A. Capone, U.S. Attorney's Office Eastern District of Louisiana, New Orleans, LA, for Plaintiff-Appellee.
Virginia Laughlin Schlueter, Federal Public Defender, Federal Public Defender's Office Eastern District of Louisiana, New Orleans, LA, for Defendant-Appellant.
Appeal from the United States District Court for the Eastern District of Louisiana, USDC No. 2:98-CR-83.
Before KING, STEWART, and HAYNES, Circuit Judges.
The attorney appointed to represent Alexander Anjulo-Jaramillo 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). Anjulo-Jaramillo has filed a response. Our independent review of the record, counsel's brief, and Anjulo-Jaramillo's response discloses no nonfrivolous issue for appeal. Counsel has shown that there is no nonfrivolous issue for appeal concerning whether Anjulo-Jaramillo was entitled to a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) based on the amendments to the cocaine base guidelines provision or Amendments 707 and 709. 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.