United States v. Villezcas

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 4, 2024
• Docket: 23-40569
• Status: Unpublished

Opinion

Case: 23-40569 Document: 42-1 Page: 1 Date Filed: 04/04/2024

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

No. 23-40569 FILED April 4, 2024 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Danny Lee Villezcas,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:16-CR-84-1 ______________________________

Before Wiener, Stewart, and Douglas, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Danny Lee Villezcas 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). Villezcas has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-40569 Document: 42-1 Page: 2 Date Filed: 04/04/2024

No. 23-40569

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. There is a clerical error in the revocation order. The order does not accurately reflect that the district court imposed his 24-month term of imprisonment to run consecutively with his six-year state sentence. Accordingly, we REMAND for correction of the clerical error in the revocation order in accordance with Federal Rule of Criminal Procedure 36. See United States v. Illies, 805 F.3d 607, 610 (5th Cir. 2015).