U.S. Court of Appeals for the Fifth Circuit, 2020

United States v. Scott Koch

United States v. Scott Koch
U.S. Court of Appeals for the Fifth Circuit · Decided January 24, 2020

United States v. Scott Koch

Opinion

Case: 19-40119 Document: 00515285096 Page: 1 Date Filed: 01/24/2020

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 19-40119 Fifth Circuit FILED Conference Calendar January 24, 2020 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk

Plaintiff-Appellee v. SCOTT ALVIN KOCH, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 6:18-CR-24-1

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.

PER CURIAM: * The Federal Public Defender appointed to represent Scott Alvin Koch has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Koch 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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Case: 19-40119 Document: 00515285096 Page: 2 Date Filed: 01/24/2020

No. 19-40119 appellate review. 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.

We note, however, that there is a clerical error in the written judgment.

While Koch pleaded guilty to Count 2 of the superseding indictment, which charged him with felony possession of a firearm, the written judgment erroneously states that he was convicted of felony possession of a “Firearm and Ammunition.” The words “and Ammunition” should be deleted from the written judgment. Accordingly, we REMAND for correction of the clerical error in the written judgment in accordance with Federal Rule of Criminal Procedure 36.

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