Opinion
No. 09-40124 Summary Calendar.
February 3, 2010.
Robert L. Rawls, Assistant U.S. Attorney, U.S. Attorney's Office, Beaumont, TX, for Plaintiff-Appellee.
Bryan Sperry Laine, Bryan Laine PC, Kountze, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Eastern District of Texas, USDC No. 1:07-CR-17-1.
Before KING, STEWART, and HAYNES, Circuit Judges.
The attorney appointed to represent Buokai Sonsing Peeler 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). Peeler has not filed a response. Our independent review of the record and counsel's brief discloses no nonfrivolous issue for appeal.
The record does reveal a clerical error in the judgment. The judgment reflects that Peeler was assessed a $200 fine. However, the district court actually ordered Peeler to pay $200 in restitution.
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. This matter is REMANDED for correction of the clerical error pursuant to FED.R.CRIM.P. 36.