Case: 10-40304 Document: 00511651475 Page: 1 Date Filed: 11/01/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
November 1, 2011
No. 10-40304
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MICAIAH PRUITT,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:09-CR-91-1
Before KING, JOLLY, and GRAVES, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Micaiah Pruitt 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). Pruitt has filed a response. We have reviewed counsel’s brief and the
relevant portions of the record reflected therein, as well as Pruitt’s response. We
concur with counsel’s assessment that the appeal presents no nonfrivolous issue
for appellate review. Accordingly, counsel’s motion for leave to withdraw is
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-40304 Document: 00511651475 Page: 2 Date Filed: 11/01/2011
No. 10-40304
GRANTED, counsel is excused from further responsibilities herein, and the
APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.
The record reveals a clerical error in the judgment. The district court
orally imposed restitution in the amount of $1,384,015.26. Although this sum
is correctly reflected in the monetary penalties section of the written judgment,
the judgment’s payment schedule incorrectly lists the restitution amount as
$1,384,115.26. This case is therefore REMANDED for the correction of this
clerical error. FED. R. CRIM. P. 36.
MOTION GRANTED; APPEAL DISMISSED; REMANDED FOR
CORRECTION OF CLERICAL ERROR.
2