United States v. Kennedy

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM: *

This court dismissed Gary Kennedy’s appeal of his sentence based on an appeal waiver provision in his plea agreement. United States v. Kennedy, 99 Fed. Appx. 557 (5th Cir.2004) (per curiam). We granted Kennedy’s attorney’s motion to withdraw pursuant to Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). The Supreme Court vacated and remanded for further consideration in light of United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Kennedy v. United States, — U.S. -, 125 S.Ct.…