United States v. Sullivan

* 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this opinion should not be published and is not precedent except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.
May 22, 2007 United States Court of Appeals
Fifth Circuit
F I L E D
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-50220
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
REAGAN SULLIVAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:05-CR-191-1
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Before REAVLEY, WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
Counsel appointed to represent Reagan Sullivan has requested
leave to withdraw and has filed a brief as required by Anders v.
California, 386 U.S. 738 (1967). Sullivan has filed a response.
The record is insufficiently developed to allow consideration at
this time of Sullivan’s claims of ineffective assistance of
counsel. See United States v. Cantwell, 470 F.3d 1087, 1091 (5th
Cir. 2006).

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No. 06-50220
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Our independent review of the record, counsel’s brief, and
Sullivan’s response discloses no nonfrivolous issue for appeal,
except that the district court’s written judgment fails to
reflect the dismissal of Count Five and Count Six of the
indictment against Sullivan. These counts were dismissed by the
district court on the Government’s motion. A simple remand to
correct such an omission or oversight is proper. See United
States v. Powell, 354 F.3d 362, 372 (5th Cir. 2003); see also
FED. R. CRIM. P. 36.
Accordingly, we GRANT counsel’s motion for leave to
withdraw, AFFIRM Sullivan’s conviction and sentences, and REMAND
to the district court with an instruction to correct the judgment
to reflect dismissal of Count Five and Count Six against
Sullivan.

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