USA v. Terry Pouncy

Filing

REVISED UNPUBLISHED OPINION FILED. [7442134-2] [12-31181]

Case: 12-31181

Document: 00512354329

Page: 1

Date Filed: 08/27/2013

REVISED AUGUST 27, 2013
IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit

FILED
No. 12-31181
Summary Calendar

August 23, 2013
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
TERRY W. POUNCY,
Defendant-Appellant
Cons. w/ No. 12-31193
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RANDY L. RANDALL,
Defendant-Appellant
Cons. w/ No. 12-31194
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
REGINALD D. LEE,
Defendant-Appellant

Case: 12-31181

Document: 00512354329

Page: 2

Date Filed: 08/27/2013

No. 12-31181
c/w No. 12-31193
c/w No. 12-31194
Appeals from the United States District Court
for the Western District of Louisiana
USDC No. 5:11-CR-317-6
USDC No. 5:11-CR-317-8
USDC No. 5:11-CR-317-12

Before WIENER, OWEN, and HAYNES, Circuit Judges.
PER CURIAM:*
Counsel appointed to represent Terry Pouncy on appeal has filed a motion
to withdraw and a brief that relies on Anders v. California, 386 U.S. 738 (1967).
Pouncy has not filed a response. We have reviewed counsel’s brief and the
relevant portions of the record reflected therein. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.
The record does reveal two clerical errors in the judgment, which stated
an offense of conviction as “conspiracy to possess with intent to distribute
[cocaine],” where the indictment and the guilty plea recognized that offense of
conviction as “possession with intent to distribute cocaine.” The judgment
should be corrected to reflect that Pouncy was convicted of possession with
intent to distribute. See FED. R. CRIM. P. 36. With respect to Count 8, the
judgment should be corrected to reflect the right code number of 18 (rather than
21) U.S.C. § 924(c)(1). Id.
Accordingly, Pouncy’s counsel’s motion for leave to withdraw is
GRANTED, counsel is excused from further responsibilities herein, and as to
Pouncy only (Case No. 12-31181) his APPEAL IS DISMISSED. See 5TH CIR. R.

*

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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Case: 12-31181

Document: 00512354329

Page: 3

Date Filed: 08/27/2013

No. 12-31181
c/w No. 12-31193
c/w No. 12-31194
42.2. His case is REMANDED for correction of the clerical errors pursuant to
Federal Rule of Criminal Procedure 36.

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