United States v. Gonzales

Opinion

Case: 22-10651 Document: 00516622419 Page: 1 Date Filed: 01/25/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-10651 Summary Calendar FILED ____________ January 25, 2023 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Angel Nicole Gonzales,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:21-CR-72-7 ______________________________

Before Jones, Haynes, and Oldham, Circuit Judges. Per Curiam: * The attorney appointed to represent Angel Nicole Gonzales 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). Gonzales 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 nonfrivolous _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-10651 Document: 00516622419 Page: 2 Date Filed: 01/25/2023

No. 22-10651

issue for appellate review. 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. However, there is a clerical error in the written judgment. The judgment refers to the offense of conviction as “possession with intent to distribute 50 grams or more of methamphetamine,” but the record reflects that Gonzales pleaded guilty to possession with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine. See 21 U.S.C. § 841(a)(1), (b)(1)(B)(viii). Accordingly, we REMAND for the limited purpose of correcting the clerical error in the written judgment. See Fed. R. Crim. P. 36.