United States v. Thompson
United States v. Thompson
Opinion
Case: 21-30591 Document: 00516421456 Page: 1 Date Filed: 08/05/2022
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED August 5, 2022 No. 21-30591 Lyle W. Cayce Summary Calendar Clerk
United States of America, Plaintiff—Appellee, versus Gerald D. Thompson, Defendant—Appellant.
Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:20-CR-169-1
Before Stewart, Duncan, and Wilson, Circuit Judges.
Per Curiam:* The attorney appointed to represent Gerald D. Thompson 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). Thompson has not filed a response. We have reviewed counsel’s
* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 21-30591 Document: 00516421456 Page: 2 Date Filed: 08/05/2022
No. 21-30591
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. 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.
As counsel asserts, however, there is a clerical error in the Statement of Reasons. Although Thompson’s correct total offense level was 31, the Statement of Reasons lists his offense level as 33. Accordingly, we REMAND for correction of the clerical error in the Statement of Reasons in accordance with Federal Rule of Criminal Procedure 36. See United States v. Mackay, 757 F.3d 195, 196 (5th Cir. 2014).
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