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United States v. Miguel Rangel-Vieyra
686 F. App'x 272
| 5th Cir. | 2017
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*1 Before KING, HAYNES, and GRAVES, Circuit Judges.

PER CURIAM: [*]

The Federal Public Defender appointed to represent Miguel Rangel- Vieyra 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). Rangel-Vieyra has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. *2 Case: 16-10760 Document: 00513955858 Page: 2 Date Filed: 04/18/2017

No. 16-10760

The judgment reflects that Rangel-Vieyra was convicted under 8 U.S.C. § 1326(b)(2), but the addendum to the presentence report, which the district court adopted, found that, though Rangel-Vieyra had a prior felony conviction, he did not have a prior aggravated felony conviction and thus that subsection (b)(1) applied. Accordingly, the judgment of the district court is REFORMED to show that Rangel-Vieyra was convicted and sentenced under 8 U.S.C. § 1326(a) and (b)(1). See United States v. Mondragon-Santiago , 564 F.3d 357, 367-69 (5th Cir. 2009). Counsel’s 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.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. Miguel Rangel-Vieyra
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Apr 18, 2017
Citation: 686 F. App'x 272
Docket Number: 16-10760 Conference Calendar
Court Abbreviation: 5th Cir.
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