United States v. Cruz-Arias

Case: 22-11134 Document: 00516839686 Page: 1 Date Filed: 07/31/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 22-11134

FILED July 31, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Felipe De La Cruz-Arias,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:21-CR-493-1 ______________________________

Before Elrod, Oldham, and Wilson, Circuit Judges.

Per Curiam: *

The Federal Public Defender appointed to represent Felipe De La Cruz-Arias 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). De La Cruz-Arias has filed a response. We have reviewed counsel’s brief and the relevant portions of the record Case: 22-11134 Document: 00516839686 Page: 2 Date Filed: 07/31/2023

No. 22-11134 reflected therein, as well as De La Cruz-Arias’s response. 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.

The record reflects a clerical error in the written judgment; though the judgment identifies the statute of conviction as 8 U.S.C. § 1326(a), the record indicates that De La Cruz-Arias was convicted and sentenced pursuant to § 1326(a) and (b)(1). Accordingly, we REMAND for the limited purpose of correction of that clerical error in the written judgment in accordance with Federal Rule of Criminal Procedure 36.