United States v. Lazaro Martinez-Padron
United States v. Lazaro Martinez-Padron
Opinion
Manuel Vazquez, appointed counsel for Lazaro Martinez-Padron 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, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel’s assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and Martinez’s convictions and sentences are AFFIRMED.
However, we notice a clerical error in Martinezr-Padron’s written judgment. The district court orally sentenced Martinez-Padron to 63 months’ imprisonment, but the written judgment states that he received a sentence of 60 months. Since the oral pronouncement controls, see United States v. Khoury, 901 F.2d 975, 977 (11th Cir. 1990), we VACATE the written judgment and REMAND for the district court to enter a new judgment stating that Martinez-Padron received a sentence of 63 months’ imprisonment. See Fed. R.Crim.P. 36.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.