United States v. Robert Istre

U.S. Court of Appeals for the Fifth Circuit
United States v. Robert Istre, 462 F. App'x 441 (5th Cir. 2012)
Higginbotham, Garza, Southwick

United States v. Robert Istre

Opinion

PER CURIAM: *

The attorney appointed to represent Robert Kim Istre has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Istre has not filed a 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.

The record does reveal a clerical error in the judgment. The judgment should be corrected to reflect that Istre pleaded guilty to and was convicted of receipt of child pornography, in violation of 18 U.S.C. § 2252(a)(2). See Fed.R.CrimP. 36.

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 case is REMANDED for correction of the clerical error pursuant to Federal Rule of Criminal Procedure 36.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Robert Kim ISTRE, Defendant-Appellant
Status
Unpublished