United States v. Victor Herbert Carroll

Opinion

[DO NOT PUBLISH]

In the

United States Court of Appeals For the Eleventh Circuit

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No. 21-14231

Non-Argument Calendar

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UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus VICTOR HERBERT CARROLL,

Defendant- Appellant.

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Appeal from the United States District Court for the Southern District of Alabama D.C. Docket No. 1:19-cr-00134-CG-MU-1

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2

2 Opinion of the Court 21-14231

Before WILSON, JILL PRYOR, and ANDERSON, Circuit Judges. PER CURIAM:

Richard Shields, appointed counsel for Victor Carroll in this direct criminal appeal, has moved to withdraw from further representation of the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). Our independent review of the entire record shows that the district court’s final judgment contains a clerical error in listing the crime of conviction on Count 1 as a conspiracy offense under 21 U.S.C. § 846, rather than the substantive offense of possession with intent to distribute 5 grams or more of methamphetamine under § 841(a)(1) and (b)(1)(B), but otherwise reveals that counsel’s assessment of the relative merit of the appeal is correct. Accordingly, we VACATE the judgment and REMAND to the district court for the limited purpose of correcting the clerical error. United States v. Anderton, 136 F.3d 747, 751 (11th Cir. 1998) (per curiam). Otherwise, because our independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and Carroll’s convictions and sentences are AFFIRMED.