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UNITED STATES of America, Plaintiff-Appellee v. Solomon Lewis DEVOIL, also known as Solomon Louis Devall, Defendant-Appellant
The Federal Public Defender appointed to represent Solomon Lewis Devoil has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Devoil has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review.
Our review reveals a clerical error in the written judgment. The judgment erroneously states that Devoil admitted his guilt to the listed violations of supervised release although the district court found the violations had occurred after Devoil denied guilt.
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. This matter is REMANDED for the limited purpose of correcting the clerical error in the judgment. See Fed. R. Crim. P. 36; United States v. Johnson, 588 F.2d 961, 964 (5th Cir. 1979).
FOOTNOTES
PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
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Docket No: No. 19-30749
Decided: May 21, 2020
Court: United States Court of Appeals, Fifth Circuit.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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