Case: 10-10034 Document: 00511254884 Page: 1 Date Filed: 10/06/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 6, 2010
No. 10-10034
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
LARRY DEWAYNE PRITCHETT,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:09-CR-123-1
Before KING, BENAVIDES, and ELROD, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Larry Dewayne
Pritchett has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California, 386 U.S. 738 (1967). Pritchett has not filed a
response. Our independent review of the record and counsel’s brief discloses no
nonfrivolous issue for appeal.
The record does reveal a clerical error in the judgment. The judgment
should be corrected to reflect that for Counts Four, Five, and Six, Pritchett was
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-10034 Document: 00511254884 Page: 2 Date Filed: 10/06/2010
No. 10-10034
convicted and sentenced for conspiracy to commit bank robbery under 18 U.S.C.
§§ 371 and 2113(a), rather than bank robbery under § 2113(a); and for Count
Seven, Pritchett was convicted and sentenced for attempted bank robbery,
rather than bank robbery. See F ED. R. C RIM. P. 36.
Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel
is excused from further responsibilities herein, and the APPEAL IS
DISMISSED. See 5 TH C IR. R. 42.2. This matter is REMANDED for correction
of the clerical error pursuant to F ED. R. C RIM. P. 36.
2