Filed: Jan. 16, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-50234 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TONY EARL McGREW, Defendant-Appellant. _ Appeal from the United States District Court for the Western District of Texas USDC No. P-98-CR-81-1-F _ January 11, 2001 Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges. PER CURIAM:* Court-appointed counsel for Tony Earl McGrew has moved for leave to withdraw and has filed a brief as required by Anders
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-50234 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TONY EARL McGREW, Defendant-Appellant. _ Appeal from the United States District Court for the Western District of Texas USDC No. P-98-CR-81-1-F _ January 11, 2001 Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges. PER CURIAM:* Court-appointed counsel for Tony Earl McGrew has moved for leave to withdraw and has filed a brief as required by Anders v..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50234
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TONY EARL McGREW,
Defendant-Appellant.
__________________________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. P-98-CR-81-1-F
__________________________________________
January 11, 2001
Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges.
PER CURIAM:*
Court-appointed counsel for Tony Earl McGrew has moved for leave to withdraw and has
filed a brief as required by Anders v. California,
386 U.S. 738 (1967). McGrew has received a
copy of counsel’s motion and brief, but has filed no response. Our independent review of the
briefs and the record discloses no nonfrivolous issue for appeal with respect to the revocation of
McGrew’s probation. The appeal of the revocation is therefore dismissed. However, the record
shows that McGrew was not issued a personal invitation by the court to exercise his right to
allocution prior to sentencing as required by Fed. R. Crim. P. 32(c)(3)(C). See United States v.
Echegollen-Barrueta,
195 F.3d 786, 789 (5th Cir. 1999). Therefore, McGrew’s sentence must
be vacated and the case remanded for resentencing after allocution.
Echegollen, 195 F.3d at 790.
*
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.
The appeal of the probation revocation is DISMISSED; counsel’s motion for leave to
withdraw is DENIED; the defendant’s sentence is VACATED; and the case is REMANDED for
the defendant to be resentenced after he has been afforded his right of allocution.
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