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United States v. Emma Lujan
698 F. App'x 242
| 5th Cir. | 2017
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Docket

*1 Before REAVLEY, PRADO, and GRAVES, Circuit Judges.

PER CURIAM: [*]

The Federal Public Defender appointed to represent Emma Delia Lujan 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). Lujan 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 *2 Case: 17-50103 Document: 00514189765 Page: 2 Date Filed: 10/10/2017

No. 17-50103

presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR . R. 42.2.

The record reflects a clerical error in the written judgment. Although the judgment refers to the offense of conviction as possession of marijuana, the record reflects that Lujan pleaded guilty to possession with intent to distribute marijuana. Accordingly, we REMAND for the limited purpose of correction of the clerical error in the written judgment in accordance with Federal Rule of Criminal Procedure 36.

2

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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

Case Details

Case Name: United States v. Emma Lujan
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Oct 10, 2017
Citation: 698 F. App'x 242
Docket Number: 17-50103 Summary Calendar
Court Abbreviation: 5th Cir.
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