United States v. Maldonado

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 31, 2023
• Docket: 22-10536
• Status: Unpublished

Opinion

Case: 22-10536 Document: 00516880298 Page: 1 Date Filed: 08/31/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-10536 Summary Calendar FILED ____________ August 31, 2023 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Symon Anthony Maldonado,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:21-CR-96-9 ______________________________

Before Elrod, Oldham, and Wilson, Circuit Judges. Per Curiam: * The attorney appointed to represent Symon Anthony Maldonado has moved for leave to withdraw and has filed briefs in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Maldonado has filed a response. We have reviewed counsel’s briefs and the relevant portions of the record reflected therein, as well as

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-10536 Document: 00516880298 Page: 2 Date Filed: 08/31/2023

No. 22-10536

Maldonado’s response. We 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. There is a clerical error in the written judgment. Maldonado was sentenced to a total of 121 months of imprisonment, but the written judgment incorrectly states that his term of imprisonment is 151 months. We may remand to correct this “scrivener’s error.” United States v. Escajeda, 8 F.4th 423, 428 (5th Cir. 2021). Accordingly, we REMAND for the limited purpose of correcting that error. See Fed. R. Crim. P. 36.