United States v. Ghoston

Case: 21-10621 Document: 00516221199 Page: 1 Date Filed: 03/02/2022

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals Fifth Circuit FILED No. 21-10621 March 2, 2022 Summary Calendar

Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Devundre Ghoston,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:18-CR-395-2

Before Southwick, Oldham, and Wilson, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Devundre Ghoston 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). Ghoston has not filed a response. We have reviewed counsel’s Case: 21-10621 Document: 00516221199 Page: 2 Date Filed: 03/02/2022

No. 21-10621 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. However, we disagree with counsel’s assertion that the judgment should be modified to correct a purported clerical error in the judgment. Consistent with the oral pronouncement, the written judgment includes a statement that the district court intends for Ghoston’s federal sentence to run “fully concurrent with any future state sentence(s) imposed.” 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.