United States v. Orozco-Ambriz

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 3, 2023
• Docket: 22-40640
• Status: Unpublished

Opinion

Case: 22-40640 Document: 00516698762 Page: 1 Date Filed: 04/03/2023

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

No. 22-40640 FILED Summary Calendar April 3, 2023 ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Manuel Orozco-Ambriz,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:21-CR-1172-1 ______________________________

Before Stewart, Duncan, and Wilson, Circuit Judges. Per Curiam:* The attorney appointed to represent Manuel Orozco-Ambriz 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). Orozco-Ambriz 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: 22-40640 Document: 00516698762 Page: 2 Date Filed: 04/03/2023

No. 22-40640

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. The record reflects that Orozco-Ambriz pled guilty to count one of the indictment, which charged him with conspiring to possess with intent to distribute more than 500 grams of a mixture or substance containing a detectable amount of methamphetamine. The judgment recites, however, that Orozco-Ambriz pleaded guilty of “[c]onspiracy to possess with intent to distribute more than 500 grams of a mixture or substance containing methamphetamine and more than one kilogram of a mixture or substance containing heroin.” Because Orozco-Ambriz did not plead guilty of conspiring to possess with intent to distribute more than one kilogram of a mixture or substance containing heroin, the case is REMANDED for the limited purpose of correcting the clerical error in the written judgment. See Fed. R. Crim. P. 36; see also United States v. Brune, 991 F.3d 652, 664 n.39 (5th Cir. 2021).