U.S. v. Bryan

Full title: UNITED STATES of America, Plaintiff-Appellee v. Clayton Bob BRYAN…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jul 22, 2010

387 F. App'x 497 (5th Cir. 2010)

Opinion

No. 09-50794 Summary Calendar.

July 22, 2010.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, for Plaintiff-Appellee.

Dusty Gallivan, Gallivan Associates, Odessa, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Western District of Texas, USDC No. 7:09-CR-68-3.

Before GARZA, CLEMENT, and OWEN, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

The attorney appointed to represent Clayton Bob Bryan 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). Bryan has filed a response and motion for the appointment of substitute counsel. Our independent review of the record, counsel's brief, and Bryan's response discloses no nonfrivolous issue for appeal.

The record does reveal a clerical error in the judgment. The judgment should be corrected to reflect that Bryan was convicted and sentenced under 21 U.S.C. §§ 841(a)(1) and (b)(1)(A) and 846 rather than § 841(a)(1) and (b)(1)(C). See FED. R.CRIMP. 36.

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. Bryan's motion for the appointment of substitute counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). This matter is REMANDED for correction of the clerical error pursuant to FED.R.CRIMP.36.