United States v. Green

Court of Appeals for the Fifth Circuit·Decided January 29, 2026·No. 25-20249·Unpublished

Opinion

Case: 25-20249 Document: 41-1 Page: 1 Date Filed: 01/29/2026

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

No. 25-20249 FILED January 29, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Carl Wayne Green,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:23-CR-452-1 ______________________________

Before Wiener, Willett, and Wilson, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Carl Wayne Green 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). Green has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-20249 Document: 41-1 Page: 2 Date Filed: 01/29/2026

No. 25-20249

concur with counsel’s assessment that the appeal presents no nonfrivolous 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. As counsel asserts, however, there is a clerical error in the written judgment. The special supervised release condition regarding computer monitoring includes duplicative language regarding participation in a sex offense treatment program. 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. Powell, 354 F.3d 362, 371–72 (5th Cir. 2003).

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
United States v. Flores
632 F.3d 229 (Fifth Circuit, 2011)
United States v. Maggie Powell
354 F.3d 362 (Fifth Circuit, 2003)