United States v. Victor Herbert Carroll

USCA11 Case: 21-14231 Document: 38-1 Date Filed: 03/21/2023 Page: 1 of 2

[DO NOT PUBLISH] In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 21-14231

Non-Argument Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

VICTOR HERBERT CARROLL,

Defendant- Appellant.

____________________

Appeal from the United States District Court for the Southern District of Alabama D.C. Docket No. 1:19-cr-00134-CG-MU-1 ____________________ USCA11 Case: 21-14231 Document: 38-1 Date Filed: 03/21/2023 Page: 2 of 2

2 Opinion of the Court 21-14231

Before WILSON, JILL PRYOR, and ANDERSON, Circuit Judges.

PER CURIAM:

Richard Shields, appointed counsel for Victor Carroll in this direct criminal appeal, has moved to withdraw from further repre- sentation of the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). Our independent review of the en- tire record shows that the district court’s final judgment contains a clerical error in listing the crime of conviction on Count 1 as a con- spiracy offense under 21 U.S.C. § 846, rather than the substantive offense of possession with intent to distribute 5 grams or more of methamphetamine under § 841(a)(1) and (b)(1)(B), but otherwise reveals that counsel’s assessment of the relative merit of the appeal is correct. Accordingly, we VACATE the judgment and REMAND to the district court for the limited purpose of correcting the clerical error. United States v. Anderton, 136 F.3d 747, 751 (11th Cir. 1998) (per curiam). Otherwise, because our independent examination of the entire record reveals no arguable issues of merit, counsel’s mo- tion to withdraw is GRANTED, and Carroll’s convictions and sen- tences are AFFIRMED.