History
  • No items yet
midpage
United States v. Sean Griss
694 F. App'x 363
| 5th Cir. | 2017
|
Check Treatment
|
Docket
Case Information

*1 Before KING, SMITH, and ELROD, Circuit Judges.

PER CURIAM: [*]

The Federal Public Defender appointed to represent Sean Luke Griss 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). Griss 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 *2 Case: 17-40083 Document: 00514108784 Page: 2 Date Filed: 08/09/2017

No. 17-40083

appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR . R. 42.2.

We note, however, that there is a clerical error in the written judgment. As a special condition of supervised release, the district court orally ordered that Griss “shall participate in a drug treatment and alcohol abuse program as required” pursuant to the provisions of the Southern District of Texas. However, the written judgment includes outdated language stating that Griss “shall participate [in such treatment] as instructed and as deemed necessary by the probation officer.” At the time of Griss’s sentencing, the Southern District of Texas had modified the special condition to remove the “as deemed necessary” language, which had been found to be ambiguous. See United States v. Franklin , 838 F.3d 564, 567-68 (5th Cir. 2016). The inclusion of the outdated phraseology in the judgment is an apparent clerical error. Accordingly, we REMAND for correction of the clerical error in the written judgment in accordance with Federal Rule of Criminal Procedure 36. See United States v. Powell , 354 F.3d 362, 372 (5th Cir. 2003).

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Sean Griss
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Aug 9, 2017
Citation: 694 F. App'x 363
Docket Number: 17-40083 Summary Calendar
Court Abbreviation: 5th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.