United States v. Nellums

*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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
United States Court of Appeals
Fifth Circuit
F I L E D
October 6, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-30012
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FLOYD NELLUMS, JR., also known as David Winters,
also known as Joseph Lewis, also known as
Lattian Mouton, also known as Kevin McGahey,
Defendant-
Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:05-CR-20036-ALL
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Before DeMOSS, STEWART and PRADO, Circuit Judges.
PER CURIAM:*
The Assistant Federal Public Defender appointed to represent Floyd Nellums, Jr., has filed
a motion to withdraw and brief pursuant to Anders v. California, 386 U.S. 738, 744 (1967). Nellums
filed a response arguing that his guilty plea was not knowing and voluntary as to the amount of loss

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used to enhance his sentence and that the district court clearly erred in enhancing his sentenced based
on that loss amount.
Our independent review of the record, counsel’s brief, and Nellums’s response discloses no
nonfrivolous issue in this direct appeal. Accordingly, the 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.

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