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

United States v. Encinas

United States v. Encinas
U.S. Court of Appeals for the Fifth Circuit · Decided July 20, 2022

United States v. Encinas

Opinion

Case: 22-10197 Document: 00516399982 Page: 1 Date Filed: 07/19/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED July 19, 2022 No. 22-10197 Lyle W. Cayce Summary Calendar Clerk

United States of America, Plaintiff—Appellee, versus Elisabet Encinas, Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:20-CR-255-1

Before Higginbotham, Higginson, and Duncan, Circuit Judges.

Per Curiam:* The Federal Public Defender appointed to represent Elisabet Encinas 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). Encinas has not filed a response. We have reviewed

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 22-10197 Document: 00516399982 Page: 2 Date Filed: 07/19/2022

No. 22-10197

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.

However, our review of the record reveals a clerical error in the written judgment. The written judgment incorrectly states that Encinas pleaded true to the allegations listed in paragraphs I and II of the June 30, 2021 petition. She pleaded true to the allegations in paragraphs I and III of that petition.

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 REMAND to the district court for correction of the noted clerical error pursuant to Federal Rule of Criminal Procedure 36.

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