United States v. Camacho

Case: 22-11046 Document: 00516848944 Page: 1 Date Filed: 08/07/2023

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 22-11046

Summary Calendar FILED ____________ August 7, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Rudolfo Camacho,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:22-CR-150-1 ______________________________

Before Wiener, Stewart, and Douglas, Circuit Judges.

Per Curiam: *

The Federal Public Defender appointed to represent Defendant- Appellee Rudolfo Camacho has moved for leave to withdraw and 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). Camacho has not filed a response. We reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal Case: 22-11046 Document: 00516848944 Page: 2 Date Filed: 08/07/2023

No. 22-11046 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.

There is, however, a clerical error in the judgment. Camacho pleaded guilty to possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 841. However, the judgment states that he also pleaded guilty to violating 21 U.S.C. § 846, which governs inchoate offenses. Accordingly, we REMAND to the district court for the limited purpose of correcting the clerical error in the judgment. See Fed. R. Crim. P. 36.