United States v. Micaiah Pruitt

U.S. Court of Appeals for the Fifth Circuit
United States v. Micaiah Pruitt, 448 F. App'x 451 (5th Cir. 2011)

United States v. Micaiah Pruitt

Opinion

PER CURIAM: *

The Federal Public Defender appointed to represent Micaiah Pruitt has moved for leave to withdraw and has filed a brief in accordance -with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Pruitt has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Pruitt’s response. We concur with counsel’s as *452 sessment that the appeal presents no non-frivolous 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.

The record reveals a clerical error in the judgment. The district court orally imposed restitution in the amount of $1,384,015.26. Although this sum is correctly reflected in the monetary penalties section of the written judgment, the judgment’s payment schedule incorrectly lists the restitution amount as $1,384,115.26. This case is therefore REMANDED for the correction of this clerical error. Fed. R.Crim. P. 36.

MOTION GRANTED; APPEAL DISMISSED; REMANDED FOR CORRECTION OF CLERICAL ERROR.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Micaiah PRUITT, Defendant-Appellant
Status
Unpublished