United States v. Roberson

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 2, 2004

Charles R. Fulbruge III Clerk No. 03-30983 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RYAN D. ROBERSON,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 03-CR-50002-ALL --------------------

Before SMITH, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM:*

Appointed counsel for Ryan D. Roberson has filed a motion

to withdraw and an accompanying brief as required by Anders v.

California, 386 U.S. 738, 744 (1967). Roberson has not filed a

response.

Our independent review of counsel’s brief and the record

discloses no nonfrivolous issues for appeal. We note, however,

that the bill of information charged Roberson with conspiracy to

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 03-30983 -2-

distribute cocaine base but the judgment states the offense as

conspiracy to possess with intent to distribute cocaine base.

Accordingly, Roberson’s conviction and sentence are

AFFIRMED, but the matter is REMANDED TO THE DISTRICT COURT for

correction of the clerical error pursuant to FED. R. CRIM. P. 36.

Counsel’s motion to withdraw is DENIED.