United States v. Samuel Baker , 690 F. App'x 205 ( 2017 )

Case: 16-51087 Document: 00514018137 Page: 1 Date Filed: 06/02/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 16-51087
Fifth Circuit
FILED
Summary Calendar June 2, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
SAMUEL EUGENE BAKER, also known as Samuel E. Baker, also known as
Samuel Baker,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:14-CR-933-1
Before KING, DENNIS, and COSTA, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Samuel Eugene
Baker 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). Baker has not filed a response. We have reviewed
counsel’s brief and the relevant portions of the record reflected therein. We
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-51087 Document: 00514018137 Page: 2 Date Filed: 06/02/2017
No. 16-51087
concur with counsel’s assessment that the appeal presents no nonfrivolous
issue for appellate review.
However, there is a clerical error in the written judgment, which fails to
reflect the dismissal of certain counts of the indictment. The record shows that
Baker was convicted and sentenced on Count Four and that the remaining
counts of the indictment were dismissed. The amended judgment therefore
should reflect that Counts One, Two, Three, Five, and Six of the indictment
were dismissed on the Government’s motion. See United States v. Powell, 354
F.3d 362, 371-72 (5th Cir. 2003).
Accordingly, counsel’s motion for leave to withdraw is GRANTED, and
the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. The case is REMANDED
for the limited purpose of correcting the clerical error in the judgment. See
FED. R. CRIM. P. 36.
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