United States v. Reynaldo Aguirre

588 F. App'x 344

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 18, 2014
• Docket: 14-50213
• Status: Unpublished

Opinion

PER CURIAM: *

The Federal Public Defender appointed to represent Reynaldo Aguirre has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir.2011). Aguirre 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 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, however, reflects a clerical error in the written judgment. Aguirre was charged with and pleaded guilty to conspiring to distribute 50 grams or more of methamphetamine. However, the written judgment describes the offense as conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine. 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. Higgins, 739 F.3d 733, 739 n. 16 (5th Cir.), cert. denied, - U.S. -, 134 S.Ct. 2319, 189 L.Ed.2d 196 (2014); United States v. Pouncy, 539 Fed.Appx. 437, 438 (5th Cir.2013); United States v. Rosales, 448 Fed.Appx. 466, 466-67 (5th Cir.2011).

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.