U.S. Court of Appeals for the Eleventh Circuit, 2015

United States v. Jonathan Bergren

United States v. Jonathan Bergren
U.S. Court of Appeals for the Eleventh Circuit · Decided July 20, 2015 · Pryor, Carnes
610 F. App'x 934

United States v. Jonathan Bergren

Opinion

PER CURIAM:

Ron Smith, appointed counsel for Johnathan Bergren 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 Bergren’s conviction and sentence are AFFIRMED. However, the judgment of conviction contains a clerical error, identifying Bergren’s conviction as a violation of 8 U.S.C. § 1349, instead of 18 U.S.C. § 1349, as charged in Count One of the superseding indictment. Accordingly, the judgment is VACATED and REMANDED to the district court for the limited purpose of correcting this clerical error. See United States v. Massey, 443 F.3d 814, 822 (11th Cir. 2006).

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