United States v. Marquez

• Court: Court of Appeals for the Fifth Circuit
• Decided: November 29, 2022
• Docket: 22-50028
• Status: Unpublished

Opinion

Case: 22-50028 Document: 00516559674 Page: 1 Date Filed: 11/29/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit No. 22-50028 Summary Calendar FILED November 29, 2022 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Reymond Paul Marquez,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 3:20-CR-1478-1

Before Jones, Haynes, and Oldham, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Reymond Paul Marquez 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). Marquez has not filed a response. We have

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 22-50028 Document: 00516559674 Page: 2 Date Filed: 11/29/2022

No. 22-50028

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 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, we note that, although Marquez pleaded guilty to an offense under 21 U.S.C. § 841(a), the written judgment also cites, incorrectly, 21 U.S.C. § 846. 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. Cooper, 979 F.3d 1084, 1088-89 (5th Cir. 2020), cert. denied, 141 S. Ct. 1715 (2021).