USA v. Larry Pritchett

Filing

UNPUBLISHED OPINION FILED. [10-10034 Dismissed as Frivolous] Judge: CDK , Judge: FPB , Judge: JWE. Mandate pull date is 10/27/2010 for Appellant Larry DeWayne Pritchett; granting motion to withdraw as counsel filed by Attorney Mr. Jason Douglas Hawkins for Appellant Mr. Larry DeWayne Pritchett [6541742-2] [10-10034]

USA v. Larry Pritchett

Doc. 0

Case: 10-10034

Document: 00511254884

Page: 1

Date Filed: 10/06/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 10-10034 S u m m a r y Calendar October 6, 2010 Lyle W. Cayce Clerk

UNITED STATES OF AMERICA, P la in t if f -A p p e lle e v. L A R R Y DEWAYNE PRITCHETT, 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. 3:09-CR-123-1

B e fo r e KING, BENAVIDES, and ELROD, Circuit Judges. P E R CURIAM:* T h e Federal Public Defender appointed to represent Larry Dewayne P r itc h e t t has moved for leave to withdraw and has filed a brief in accordance w it h Anders v. California, 386 U.S. 738 (1967). Pritchett has not filed a

r e s p o n s e . Our independent review of the record and counsel's brief discloses no n o n fr iv o lo u s 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 for Counts Four, Five, and Six, Pritchett was
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-10034

Document: 00511254884 Page: 2 No. 10-10034

Date Filed: 10/06/2010

c o n v ic t e d and sentenced for conspiracy to commit bank robbery under 18 U.S.C. § § 371 and 2113(a), rather than bank robbery under § 2113(a); and for Count S e v e n , Pritchett was convicted and sentenced for attempted bank robbery, r a t h e r than bank robbery. 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 IS S E D . See 5TH CIR. R. 42.2. This matter is REMANDED for correction o f the clerical error pursuant to FED. R. CRIM. P. 36.

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