USA v. Clayton Bryan

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USA v. Clayton Bryan

Doc. 0

Case: 09-50794

Document: 00511182422

Page: 1

Date Filed: 07/22/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-50794 S u m m a r y Calendar July 22, 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. C L A Y T O N BOB BRYAN, 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 Western District of Texas U S D C No. 7:09-CR-68-3

B e fo r e GARZA, CLEMENT, and OWEN, Circuit Judges. PER CURIAM:* T h e attorney appointed to represent Clayton Bob Bryan has moved for le a v e to withdraw and has filed a brief in accordance with Anders v. California, 3 8 6 U.S. 738 (1967). Bryan has filed a response and motion for the appointment o f substitute counsel. Our independent review of the record, counsel's brief, and B r y a n 's response discloses no nonfrivolous issue for appeal. T h e record does reveal a clerical error in the judgment. The judgment s h o u ld be corrected to reflect that Bryan was convicted and sentenced under 21
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
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Dockets.Justia.com

Case: 09-50794

Document: 00511182422 Page: 2 No. 09-50794

Date Filed: 07/22/2010

U .S .C . §§ 841(a)(1) and (b)(1)(A) and 846 rather than § 841(a)(1) and (b)(1)(C). See FED. R. CRIM. P. 36. A c c o r d in g ly , counsel's motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS D I S M I S S E D . See 5TH CIR. R. 42.2. Bryan's motion for the appointment of s u b s t it u t e counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 9020 3 (5th Cir. 1998). This matter is REMANDED for correction of the clerical e r r o r pursuant to FED. R. CRIM. P. 36.

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