USA v. Tares Hearn

Filing

UNPUBLISHED OPINION FILED. [17-30171 Dismissed as Frivolous and Remanded ] Judge: CDK , Judge: JWE , Judge: SAH Mandate issue date is 12/18/2017 for Appellant Tares Terrell Hearn; granting motion to withdraw as counsel [8512398-2] [17-30171]

Case: 17-30171

Document: 00514248140

Page: 1

Date Filed: 11/24/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

No. 17-30171
Summary Calendar

FILED
November 24, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
TARES TERRELL HEARN,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:16-CR-133-1
Before KING, ELROD, and HIGGINSON, Circuit Judges.
PER CURIAM: *

The Federal Public Defender appointed to represent Tares Terrell Hearn
has moved for leave to withdraw and has filed a brief in accordance with
Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d
229 (5th Cir. 2011).

Hearn 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

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
*

Case: 17-30171

Document: 00514248140

Page: 2

Date Filed: 11/24/2017

No. 17-30171
issue for appellate review. 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.
However, the judgment contains an apparent typographical error in
listing the statutes under which Hearn was convicted. We therefore REMAND
to the district court for correction of this clerical error. See FED. R. CRIM. P. 36.

2