USA v. Johnny Harris

Filing

UNPUBLISHED OPINION FILED. [09-10990 Dismissed as Frivolous and Remanded] Judge: EGJ , Judge: EMG , Judge: CES Mandate pull date is 12/09/2010 for Appellant Johnny Pernell Harris; granting motion to withdraw as counsel filed by Attorney Mr. Jason Douglas Hawkins for Appellant Mr. Johnny Pernell Harris [6473948-2] [09-10990]

USA v. Johnny Harris ase: 09-10990 C

Document: 00511298759 Page: 1 Date Filed: 11/18/2010

Doc. 0

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-10990 S u m m a r y Calendar November 18, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. J O H N N Y PERNELL HARRIS, D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Northern District of Texas U S D C No. 3:08-CR-189-1

B e fo r e JOLLY, GARZA, and STEWART, Circuit Judges. P E R CURIAM:* T h e Federal Public Defender appointed to represent Johnny Pernell Harris h a s moved for leave to withdraw and has filed a brief in accordance with Anders v . California, 386 U.S. 738 (1967). Harris has not filed a response. Our

in d e p e n d e n t review of the record and counsel's brief discloses no nonfrivolous is s u e for appeal. Accordingly, counsel's motion for leave to withdraw is

G R A N T E D , counsel is excused from further responsibilities herein, and the A P P E A L IS DISMISSED. See 5TH CIR. R. 42.2.
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
*

Dockets.Justia.com

Case: 09-10990 Document: 00511298759 Page: 2 Date Filed: 11/18/2010 No. 09-10990 T h e record does reveal a clerical error in the judgment. See FED. R. CRIM. P . 36. Although the transcript of the June 26, 2009, revocation hearing clearly reflect s that the Government withdrew the charge that Harris violated Standard C o n d it io n No. 10 of his supervised release by associating with a person convicted o f a felony, the district court's judgment nevertheless indicates that Harris v io la t e d this condition. This matter is REMANDED for correction of the clerical error.

2