Case Information
*1 Case: 20-40706 Document: 00515926482 Page: 1 Date Filed: 07/06/2021
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED July 6, 2021 No. 20-40706 Lyle W. Cayce Conference Calendar Clerk United States of America,
Plaintiff—Appellee , versus
Victor Alfonso Rodriguez-Martinez,
Defendant—Appellant . Appeal from the United States District Court for the Southern District of Texas USDC No. 7:20-CR-48-1 Before Smith, Stewart, and Higginson, Circuit Judges .
Per Curiam: *
The Federal Public Defender appointed to represent Victor Alfonso Rodriguez-Martinez 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). Rodriguez-Martinez has not filed a *2 Case: 20-40706 Document: 00515926482 Page: 2 Date Filed: 07/06/2021
No. 20-40706 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 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.
The record, however, reflects a clerical error in the written judgment. The written judgment states that Rodriguez-Martinez was convicted of violating “8 U.S.C. § 1326(a) and 1226(b)” rather than § 1326(a) and § 1326(b). Accordingly, we REMAND for correction of the written judgment in accordance with Federal Rule of Criminal Procedure 36.
2
[*] Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.