United States v. Martin

Opinion

Case: 21-50799 Document: 00516283176 Page: 1 Date Filed: 04/18/2022

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

FILED April 18, 2022 No. 21-50799 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Leslie Vaughn Martin,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 7:21-CR-125-1

Before Davis, Jones, and Elrod, Circuit Judges. Per Curiam:* The attorney appointed to represent Leslie Vaughn Martin 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). Martin has not filed a response. We have reviewed counsel’s

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-50799 Document: 00516283176 Page: 2 Date Filed: 04/18/2022

No. 21-50799

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. We note, however, that there is a clerical error in the written judgment. The record shows that Martin pleaded guilty to possession of ammunition by a convicted felon. The judgment states that he pleaded guilty to being a felon in possession of a firearm. Accordingly, we REMAND for correction of the clerical error in the written judgment in accordance with Federal Rule of Criminal Procedure 36.