United States v. Brian Adams ( 2019 )

Case: 18-10587 Document: 00514795227 Page: 1 Date Filed: 01/15/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 18-10587 United States Court of Appeals
Conference Calendar
Fifth Circuit
FILED
January 15, 2019
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff−Appellee,
versus
BRIAN ANTHONY ADAMS,
Defendant−Appellant.
Appeal from the United States District Court
for the Northern District of Texas
No. 3:16-CR-246-1
Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Brian Adams has
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in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.
Case: 18-10587 Document: 00514795227 Page: 2 Date Filed: 01/15/2019
No. 18-10587
moved for leave to withdraw and has filed a brief per Anders v. California,
386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011).
Adams has not filed a response. We have reviewed counsel’s brief and the rel-
evant portions of the record. We concur with counsel’s assessment that the
appeal presents no nonfrivolous issue for appellate review.
There is a clerical error in the judgment. See FED. R. CRIM. P. 36.
Specifically, as to the conviction of possession of a firearm in furtherance of a
drug trafficking crime, the judgment mistakenly referred to 18 U.S.C.
§ 924(c)(1)(C)(i) as the applicable statute instead of the correct statute,
§ 924(c)(1)(A)(i). Subsection (c)(1)(C)(i) provides for a 25-year mandatory
minimum sentence for a second or subsequent § 924(c) offense, while
§ 924(c)(1)(A)(i) provides for a five-year mandatory minimum.
Accordingly, the motion for leave to withdraw is GRANTED, counsel is
excused from further responsibilities herein, and the appeal is DISMISSED.
See 5TH CIR. R. 42.2. This matter is REMANDED for the limited purpose of
correction of the clerical error to reflect that Adams was sentenced under
§ 924(c)(1)(A)(i). See FED. R. CRIM. P. 36.
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