United States v. Carrasco

Case: 22-50990 Document: 00516871391 Page: 1 Date Filed: 08/24/2023

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 22-50990

Summary Calendar FILED ____________ August 24, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Rigoberto Carrasco,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 7:22-CR-118-1 ______________________________

Before Haynes, Higginson, and Duncan, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Rigoberto Carrasco 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). Carrasco has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur Case: 22-50990 Document: 00516871391 Page: 2 Date Filed: 08/24/2023

No. 22-50990 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. The record indicates that Carrasco pleaded guilty to conspiracy to possess with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, but the judgment incorrectly identifies the nature of the offense as involving 500 grams or more of actual methamphetamine. Accordingly, because the written judgment erroneously identifies offense of conviction, 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.