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United States v. Randy Pittman
698 F. App'x 175
| 5th Cir. | 2017
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Docket

*1 Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.

PER CURIAM: [*]

Randy Pittman pleaded guilty of being a felon in possession of a firearm *2 Case: 16-10251 Document: 00514174580 Page: 2 Date Filed: 09/28/2017

No. 16-10251

and was sentenced to 51 months of imprisonment and five years of supervised release (“SR”). The term of SR exceeds the statutory maximum term for Pitt- man’s offense, as the parties agree. See 18 U.S.C. §§ 922(g)(1); 924(a)(2), 3559(a)(3), 3583(b)(2); United States v. Vera , 542 F.3d 457, 459 (5th Cir. 2008). The judgment is therefore VACATED as to the term of SR, and this matter is REMANDED to modify the sentence consistently with § 3583(b)(2).

To the extent that Pittman reurges the arguments he originally put forth in his response to counsel’s now-withdrawn motion filed pursuant to Anders v. California , 386 U.S. 738 (1967), he does not have the right to hybrid represen- tation or simultaneous representation by himself and counsel. See United States v. Villafranca , 844 F.3d 199 (5th Cir. 2016), cert. denied , 137 S. Ct. 1393 (2017). After the close of briefing, counsel filed a motion to withdraw at the request of Pittman, and Pittman filed a motion to proceed pro se . Neither coun- sel nor Pittman has established a “conflict of interest or other most pressing circumstances” warranting removal of counsel. F IFTH C IRCUIT P LAN U NDER THE CJA, § 5B. The motions are therefore DENIED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. Randy Pittman
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Sep 28, 2017
Citation: 698 F. App'x 175
Docket Number: 16-10251 Summary Calendar
Court Abbreviation: 5th Cir.
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