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UNITED STATES of America, Plaintiff-Appellee v. David CHAMBERS, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2010-04-20No. No. 08-31071
375 F. App'x 399

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Opinion

majority opinion

PER CURIAM:

The Federal Public Defender appointed to represent David Chambers 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). Chambers has not filed a response. Our independent review of the record and counsel’s brief discloses no non-frivolous issue for appeal. Because Chambers is “subject to a statutory minimum sentence above the upper end of his guideline range,” the district had no authority pursuant to 18 U.S.C. § 3582(c)(2) to reduce his sentence based on the amendments to the crack cocaine Guidelines. United States v. Carter, 595 F.3d 575, 581 (5th Cir.2010). 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.

Pursuant to 5th Cir. R. 47.5, the court lias determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.