Summary
The Fifth Circuit granted counsel's motion to withdraw under *Anders v. California*, finding no nonfrivolous issues for appeal. However, the court identified a clerical error in the written judgment and supervised release order regarding the restitution amount ($8,650,705.82 vs. $8,650,785.82). The appeal was dismissed, and the case was remanded solely for correction of this clerical error under Federal Rule of Criminal Procedure 36.
Topics
Holdings
- The appeal presents no nonfrivolous issue.
- There is a clerical error in the judgment stating two different amounts of restitution.
Factual background
The district court entered a judgment of conviction and sentence, including restitution of $8,650,705.82, but the written judgment also contained a typographical error indicating a different amount of $8,650,785.82. The defendant appealed, and her appointed counsel moved to withdraw under Anders.
Procedural history
The defendant appealed from her conviction and sentence. Her appointed counsel moved to withdraw under Anders v. California, asserting that the appeal presents no nonfrivolous issues. The defendant did not respond.
Remand instructions
Remanded for the limited purpose of correcting the clerical error in the judgment and the order setting additional conditions of supervised release.