United States v. Salam

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 4, 2024
• Docket: 23-10443
• Status: Unpublished

Opinion

Case: 23-10443 Document: 57-1 Page: 1 Date Filed: 03/04/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-10443 Summary Calendar FILED ____________ March 4, 2024 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Amera Khalid Salam,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:21-CR-30-2 ______________________________

Before Jolly, Engelhardt, and Douglas, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Amera Khalid Salam 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). Salam 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: 23-10443 Document: 57-1 Page: 2 Date Filed: 03/04/2024

No. 23-10443

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. During the pendency of this appeal, the district court lacked jurisdiction to enter the amended judgment correcting a clerical error. See United States v. Willis, 76 F.4th 467, 471-73 (5th Cir. 2023). We therefore REMAND the case so that the district court, no longer divested of its jurisdiction by virtue of this appeal, may correct the clerical error. See United States v. Fults, 71 F.4th 328, 329 (5th Cir. 2023); Fed. R. Crim. P. 36.