United States v. Hernandez

Case: 23-40124 Document: 00516885272 Page: 1 Date Filed: 09/06/2023

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals Fifth Circuit

____________ FILED September 6, 2023 No. 23-40124 Lyle W. Cayce Summary Calendar Clerk ____________

United States of America,

Plaintiff—Appellee, versus

Timothy Andrew Hernandez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:22-CR-947-1 ______________________________

Before Jones, Southwick, and Ho, Circuit Judges.

Per Curiam: *

The Federal Public Defender appointed to represent Timothy Andrew Hernandez 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). Hernandez has not filed a response.

Case: 23-40124 Document: 00516885272 Page: 2 Date Filed: 09/06/2023

No. 23-40124

We have reviewed 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. 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 an apparent clerical error in the written judgment with respect to the date that the offense ended. Thus, we REMAND for correction of the clerical error in the written judgment in accordance with Federal Rule of Criminal Procedure 36.