United States v. Turlich , 78 F. App'x 432 ( 2003 )


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  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                 October 22, 2003
    Charles R. Fulbruge III
    Clerk
    No. 02-31257
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    HERMAN TURLICH, JR.,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Eastern District of Louisiana
    USDC No. 02-CR-212-ALL
    --------------------
    Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
    PER CURIAM:*
    Counsel for Herman Turlich, Jr., has moved for leave to
    withdraw from this appeal and has filed a brief pursuant to
    Anders v. California, 
    386 U.S. 738
     (1967).    Turlich has filed a
    response to the motion, contending that the district court erred
    in determining his sentence.
    Our independent review of the brief, the record, and
    Turlich’s response discloses no nonfrivolous issue for appeal.
    Turlich waived the right to appeal his sentence, allowing only
    *
    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    that this opinion should not be published and is not precedent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.
    No. 02-31257
    -2-
    for appeals from sentences above the statutory limit or outside
    the determined guideline range.   The sentencing issue he asserts
    is waived as Turlich’s sentence fell within the guideline range
    determined by the district court.    See United States v. Melancon,
    
    972 F.2d 566
    , 567 (5th Cir. 1992).
    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.
    

Document Info

Docket Number: 02-31257

Citation Numbers: 78 F. App'x 432

Judges: Jolly, King, Per Curiam, Stewart

Filed Date: 10/21/2003

Precedential Status: Non-Precedential

Modified Date: 8/1/2023