United States v. Simmons

Opinion

Case: 26-10036 Document: 41-1 Page: 1 Date Filed: 07/14/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 26-10036 Summary Calendar FILED ____________ July 14, 2026 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Larry Simmons,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:24-CR-537-1 ______________________________

Before Smith, Southwick, and Oldham, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Larry Simmons has moved to withdraw and has filed a brief per Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Simmons has not filed a response. We have reviewed counsel’s brief and relevant portions of the record.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 26-10036 Document: 41-1 Page: 2 Date Filed: 07/14/2026

No. 26-10036

We concur with counsel’s assessment that the appeal presents no non- frivolous issue for appellate review. Accordingly, the motion 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 a clerical error, on the first page of the judgment, concerning the date that Simmons’s offense ended. We therefore REMAND for entry of a corrected written judgment under Federal Rule of Criminal Procedure 36. See United States v. Fults, 71 F.4th 328, 329 (5th Cir. 2023); United States v. Higgins, 739 F.3d 733, 739 n.16 (5th Cir. 2014).