Case: 14-30778 Document: 00512926339 Page: 1 Date Filed: 02/04/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-30778
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
February 4, 2015
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff−Appellee.
versus
CHARLES SYKES,
Defendant−Appellant.
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:05-CR-46-1
Before SMITH, WIENER, and ELROD, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Charles Sykes has
moved to withdraw and has filed a brief in accordance with Anders v.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-30778 Document: 00512926339 Page: 2 Date Filed: 02/04/2015
No. 14-30778
California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th
Cir. 2011). Sykes has filed a response. We have reviewed counsel’s brief, the
relevant portions of the record reflected therein, and Sykes’s response. We
concur with counsel’s assessment that the appeal presents no nonfrivolous
issue for appellate review. Accordingly, counsel’s motion is GRANTED,
counsel is excused from further responsibilities herein, and the appeal is
DISMISSED. See 5TH CIR. R. 42.2.
The written judgment contains a clerical error. The district court found
that Sykes had violated a special condition that he “participate in a program
of testing and/or treatment for drug abuse.” The written judgment incorrectly
identifies that condition as Special Condition No. 2 rather than No. 1. Accord-
ingly, we REMAND for correction of the error in accordance with Federal Rule
of Criminal Procedure 36. See United States v. Higgins, 739 F.3d 733, 739 n.16
(5th Cir.), cert. denied, 134 S. Ct. 2319 (2014); United States v. Pouncy, 539 F.
App’x 437, 438 (5th Cir. 2013); United States v. Rosales, 448 F. App’x 466,
466−67 (5th Cir. 2011).
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