U.S. Court of Appeals for the Fifth Circuit, 2022

United States v. Guzman

United States v. Guzman
U.S. Court of Appeals for the Fifth Circuit · Decided June 24, 2022

United States v. Guzman

Opinion

Case: 21-51017 Document: 00516370178 Page: 1 Date Filed: 06/24/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 24, 2022 No. 21-51017 Lyle W. Cayce Summary Calendar Clerk

United States of America, Plaintiff—Appellee, versus Ricardo Guzman, Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 7:21-CR-237-1

Before Jolly, Willett, and Engelhardt, Circuit Judges .

Per Curiam:* The attorney appointed to represent Ricardo Guzman 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).

Guzman has not filed a response. We have reviewed counsel’s brief and the

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

Case: 21-51017 Document: 00516370178 Page: 2 Date Filed: 06/24/2022

No. 21-51017

relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for 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. The district court proceedings concerned the revocation of Guzman’s term of probation. However, the judgment states that his term of supervised release was revoked and otherwise refers to a non-existent term of supervised release. 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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