United States v. Celin Montoya-Rodriguez

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 15, 2018
• Docket: 17-40981
• Status: Unpublished

Opinion

Case: 17-40981 Document: 00514472937 Page: 1 Date Filed: 05/15/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED No. 17-40981 May 15, 2018 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

CELIN JAVIER MONTOYA-RODRIGUEZ,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:16-CR-1883-2

Before REAVLEY, GRAVES, and HO, Circuit Judges. PER CURIAM: * The attorney appointed to represent Celin Javier Montoya-Rodriguez 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). Montoya-Rodriguez has not filed a 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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-40981 Document: 00514472937 Page: 2 Date Filed: 05/15/2018

No. 17-40981

nonfrivolous issue for appellate review. Our review also reveals clerical errors in the district court’s written statement of reasons, which does not reflect the guidelines range calculated by the district court or the below-guidelines nature of the sentence imposed. Accordingly, 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. The case is REMANDED for the limited purpose of correcting the clerical errors in the written statement of reasons. See FED. R. CRIM. P. 36; United States v. Cole, 569 F. App’x 195, 196 (5th Cir. 2014).