United States v. Villegas
United States v. Villegas
Opinion
Case: 23-40022 Document: 00516930886 Page: 1 Date Filed: 10/13/2023
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED October 13, 2023 No. 23-40022 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Ivan Villegas, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:19-CR-276-3 ______________________________ Before Willett, Duncan, and Douglas, Circuit Judges.
Per Curiam:* The attorney appointed to represent Ivan Villegas 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).
Villegas has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-40022 Document: 00516930886 Page: 2 Date Filed: 10/13/2023
No. 23-40022
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.
Our review reveals a clerical error in the written judgment, which does not reflect the district court’s dismissal of Count Two of the superseding indictment on the Government’s motion. The case is REMANDED for the limited purpose of correcting the clerical error in the judgment in accordance with Federal Rule of Criminal Procedure 36.
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