United States v. Majors

Opinion

Case: 22-40620 Document: 00516665059 Page: 1 Date Filed: 03/03/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-40620 FILED Summary Calendar March 3, 2023 ____________ Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Max Majors,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:19-CR-21-4 ______________________________

Before Stewart, Duncan, and Wilson, Circuit Judges. Per Curiam:* The attorney appointed to represent Max Majors 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). Majors 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

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-40620 Document: 00516665059 Page: 2 Date Filed: 03/03/2023

No. 22-40620

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. However, there is a clerical error in the written judgment. In accordance with the written plea agreement, the Government moved to dismiss count four of the indictment. The district court orally granted the motion, but the amended judgment does not reflect the dismissal. Accordingly, we REMAND for the limited purpose of correcting the clerical error in the written judgment. See Fed. R. Crim. P. 36.