USA v. Willie Merer Hinton

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
January 6, 2010
JOHN LEY
ACTING CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 08-16357
Non-Argument Calendar
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D. C. Docket No. 05-00206-CR-WS
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WILLIE MERER HINTON,
a.k.a. Chill,
a.k.a. Chill Will,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Alabama
_________________________
(January 6, 2010)
Before BARKETT, HULL and KRAVITCH, Circuit Judges.
PER CURIAM:

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Sidney Harrell, appointed counsel for Willie Hinton, has filed a motion to
withdraw from further representation, supported by a brief prepared pursuant to
Anders v. California, 386 U.S. 738 (1967). Because our independent examination
of the record reveals no arguable issues of merit, we grant the motion to withdraw.
The jury convicted Hinton of possession with the intent to distribute
oxycodone within 1,000 feet of a public housing facility, but in its resentencing
order, the district court inadvertently sentenced Hinton for “possession with intent
to distribute oxycodone in a school zone.” The penalties for these offenses are
identical. See 21 U.S.C. §§ 841(a)(1), 860. We therefore affirm Hinton’s
conviction and sentence but remand with instructions to correct the clerical error
in the district court’s resentencing order. See Fed. R. Crim. P. 36.
MOTION GRANTED. CONVICTION AND SENTENCE
AFFIRMED; REMANDED FOR THE LIMITED PURPOSE TO CORRECT
CLERICAL ERROR.
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