IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
November 24, 2009
No. 08-50703
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTHONY DEAN FULLER,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
No. 6:03-CR-61-ALL
Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Anthony Fuller, Texas prisoner # 1256985, seeks to proceed in forma pau-
peris (“IFP”) from the denial of his motion to correct written judgment, which
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
No. 08-50703
challenged the June 4, 2008, amended judgment. In the amended judgment, the
district court directed that Fuller’s federal sentence for being a felon in posses-
sion of a firearm was to run consecutively to his state sentence for aggravated
sexual assault.
After remand to the district court for assignment of reasons for the denial
of the motion to correct, the district court withdrew the amended judgment. Be-
cause that withdrawal provides the relief that Fuller seeks on appeal, the appeal
is moot. See United States v. Clark, 193 F.3d 845, 847 (5th Cir. 1999); Bailey v.
Southerland, 821 F.2d 277, 278 (5th Cir. 1987). The motion to proceed IFP is al-
so moot.
APPEAL DISMISSED AS MOOT; IFP DENIED AS MOOT.
2