United States v. Celso Guerra

U.S. Court of Appeals for the Eleventh Circuit
United States v. Celso Guerra, 528 F. App'x 969 (11th Cir. 2013)

United States v. Celso Guerra

Opinion

PER CURIAM:

William E. Bubsey, appointed counsel for Celso Guerra in this 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 merits 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 Guerra’s convictions and sentences in the instant case are AFFIRMED.

However, there appears to be a typographical error in the judgment for the instant case. Guerra’s statutes of conviction are listed as, in part 21 U.S.C. § 841(b)(l)(A)(cii), in count one and 21 U.S.C. § 841(b)(l)(A)(iii), in count three. It appears that both statutes should instead refer to 21 U.S.C. § 841(b)(l)(A)(viii). Accordingly, the judgment is VACATED and the case is REMANDED for the limited purpose of correcting a clerical error in the judgment. See United States v. Massey, 443 F.3d 814, 822 (11th Cir. 2006).

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Celso GUERRA, Defendant-Appellant
Status
Unpublished