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U.S. v. Studnicka

United States Court of Appeals, Fifth Circuit
Aug 21, 2007
236 F. App'x 129 (5th Cir. 2007)

Summary

upholding a sentence increase for a conviction of HIV-positive prisoner who bit correctional officer

Summary of this case from U.S. v. Rocha

Opinion

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.


Summaries of

U.S. v. Studnicka

United States Court of Appeals, Fifth Circuit
Aug 21, 2007
236 F. App'x 129 (5th Cir. 2007)

upholding a sentence increase for a conviction of HIV-positive prisoner who bit correctional officer

Summary of this case from U.S. v. Rocha
Case details for

U.S. v. Studnicka

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee v. Sean Allen STUDNICKA…

Court:United States Court of Appeals, Fifth Circuit

Date published: Aug 21, 2007

Citations

236 F. App'x 129 (5th Cir. 2007)

Citing Cases

U.S. v. Rocha

Id. at 1168. See also United States v. Studnicka, 450 F.Supp.2d 680 (E.D.Tex. 2006), appeal dismissed, 236…