U.S. Court of Appeals for the Fifth Circuit, 2017

United States v. Emma Lujan

United States v. Emma Lujan
U.S. Court of Appeals for the Fifth Circuit · Decided October 10, 2017 · Reavley, Prado, Graves
698 F. App'x 242

United States v. Emma Lujan

Opinion

PER CURIAM: *

The Federal Public Defender appointed to represent Emma Delia Lujan 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). Lujan 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. Accordingly, the 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 record reflects a clerical error in the written judgment. Although the judgment refers to the offense of conviction as possession of marijuana, the record reflects that Lujan pleaded guilty to possession with intent to distribute marijuana. Accordingly, we REMAND for the limited purpose of correction of the clerical error in the written judgment in accordance with 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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