LAW.coLAW.co

UNITED STATES of America, Plaintiff-Appellee v. Octavia Jerome THOMAS, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2016-06-24No. No. 15-11088
653 F. App'x 307

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM:

The Federal Public Defender appointed to represent Octavia Jerome Thomas 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). Thomas 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.

However, our review of the record reveals two clerical errors that require remand. First, the written order of revocation incorrectly indicates that Thomas “admitted as true some of the allegations contained in [the motion to revoke] and not true as to one of the allegations.” In fact, Thomas admitted all of the allegations in the motion to revoke. Second, the district court did not complete a statement of reasons form reflecting in writing its grounds for imposing a sentence that exceeded Thomas’s policy statement range. See United States v. Whitelaw, 580 F.3d 256, 261-62 (5th Cir. 2009); 18 U.S.C. § 3553(c)(2).

Accordingly, counsel’s motion forleave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2. We REMAND to the district court for correction of the noted clerical errors pursuant to Federal Rule of Criminal Procedure 36.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.