Case: 14-10665 Document: 00513106983 Page: 1 Date Filed: 07/07/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 14-10665 FILED
Summary Calendar July 7, 2015
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOHN RASHON HYDER,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:12-CR-330
Before PRADO, OWEN, and GRAVES, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent John Rashon Hyder
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). Hyder has filed a response. We have reviewed counsel’s
brief and the relevant portions of the record reflected therein, as well as
Hyder’s response. We concur with counsel’s assessment that the appeal
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-10665 Document: 00513106983 Page: 2 Date Filed: 07/07/2015
No. 14-10665
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.
The record, however, reflects a clerical error in the written judgment.
The written judgment reflects a conviction under 18 U.S.C. § 924(c)(1)(A)(iii).
In fact, Hyder pleaded guilty to violating and was sentenced under
§ 924(c)(1)(A)(i). Accordingly, we REMAND for correction of the clerical error
in the written judgment 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. Rosales, 448 F. App’x 466,
466-67 (5th Cir. 2011).
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