U.S. v. Sullivan

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Reagan SULLIVAN…

Court: United States Court of Appeals, Fifth Circuit

Date published: May 22, 2007

229 F. App'x 293 (5th Cir. 2007)

Opinion

No. 06-50220 Summary Calendar.

May 22, 2007.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appelle.

Reagan Sullivan, Bastrop, TX, pro se.

Appeal from the United States District Court for the Western District of Texas, USDC No. 1:05-CR-191-1.

Before REAVLEY, WIENER and DENNIS, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR R. 47.5.4.

Counsel appointed to represent Reagan Sullivan has requested leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Sullivan has filed a response. The record is insufficiently developed to allow consideration at this time of Sullivan's claims of ineffective assistance of counsel. See United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006).

Our independent review of the record, counsel's brief, and Sullivan's response discloses no nonfrivolous issue for appeal, except that the district court's written judgment fails to reflect the dismissal of Count Five and Count Six of the indictment against Sullivan. These counts were dismissed by the district court on the Government's motion. A simple remand to correct such an omission or oversight is proper. See United States v. Powell, 354 F.3d 362, 372 (5th Cir. 2003); see also FED. R.CRIM.P. 36.

Accordingly, we GRANT counsel's motion for leave to withdraw, AFFIRM Sullivan's conviction and sentences, and REMAND to the district court with an instruction to correct the judgment to reflect dismissal of Count Five and Count Six against Sullivan.