United States v. Camargo-Garcia

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 1, 2022
• Docket: 21-10952
• Status: Unpublished

Opinion

Case: 21-10952 Document: 00516263355 Page: 1 Date Filed: 04/01/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED April 1, 2022 No. 21-10952 Summary Calendar Lyle W. Cayce Clerk

United States of America,

Plaintiff—Appellee,

versus

Cesar Juvencio Camargo-Garcia,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:21-CR-55-1

Before Jolly, Willett, and Engelhardt, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Cesar Juvencio Camargo-Garcia 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). Camargo-Garcia has not filed a

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-10952 Document: 00516263355 Page: 2 Date Filed: 04/01/2022

No. 21-10952

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 appellate review. ccordingly, counsel’s 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.

We note, however, that there is a clerical error in the written judgment. Camargo-Garcia pleaded guilty to the second count of his indictment, which charged him with possession with intent to distribute a controlled substance, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). The written judgment does not accurately reflect that charged offense or statute; it incorrectly states that Camargo-Garcia was convicted of a conspiracy offense. 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. Ulloa-Osorio, 637 F. App’x 142, 143 (5th Cir. 2016); United States v. Rosales, 448 F. App’x 466, 466-67 (5th Cir. 2011).