USA v. Shawn Lavon Brown

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 15-11063
Non-Argument Calendar
________________________
D. C. Docket No. 1:12-cr-00389-AT-GGB-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SHAWN LAVON BROWN,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
________________________
(April 4, 2016)
Before TJOFLAT, MARCUS and ROSENBAUM, Circuit Judges.
PER CURIAM:
Albert Norton, Jr., appointed counsel for Shawn Brown in this direct criminal appeal, has
moved to withdraw from further representation of the appellant and filed a brief pursuant to
Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). Our independent
review of the entire record, including Brown’s responses to counsel’s motion, reveals that
counsel’s assessment of the relative merit of the appeal is correct. Because independent
Case: 15-11063 Date Filed: 04/04/2016 Page: 1 of 2

-- 1 of 2 --

2
examination of the entire record reveals no arguable issues of merit, counsel’s motion to
withdraw is GRANTED. Brown’s motion to proceed in forma pauperis and motions to
discharge counsel and appoint new counsel are DENIED AS MOOT.
At sentencing, the district court pronounced a restitution amount of $1,230,021.
However, that amount does not match the amount in the written judgment and the record
contains no explanation for the discrepancy. We therefore AFFIRM Brown’s conviction and
sentence but REMAND with instructions to correct the clerical error in the written judgment.
See United States v. Massey, 443 F.3d 814, 822 (11th Cir. 2006); Fed. R. Crim. P. 36.
MOTION TO WITHDRAW GRANTED. CONVICTION AND SENTENCE
AFFIRMED; REMANDED FOR THE PURPOSE OF CORRECTING JUDGMENT.
Case: 15-11063 Date Filed: 04/04/2016 Page: 2 of 2

-- 2 of 2 --