United States v. Saldivar-Navarro

Case: 23-50765 Document: 39-1 Page: 1 Date Filed: 08/23/2024

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

FILED August 23, 2024 No. 23-50765

Summary Calendar Lyle W. Cayce ____________ Clerk United States of America,

Plaintiff—Appellee, versus

Franklin Johel Saldivar-Navarro,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 2:22-CR-1208-1 ______________________________

Before Higginbotham, Jones, and Oldham, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Franklin Johel Saldivar-Navarro 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). Saldivar-Navarro has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected Case: 23-50765 Document: 39-1 Page: 2 Date Filed: 08/23/2024

No. 23-50765 therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. We also agree that the revocation order contains a clerical error in that it incorrectly states that Saldivar- Navarro pleaded “not true” to the alleged supervised release violations. 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 case is REMANDED to the district court for the limited purpose of correcting the clerical error noted above. See Fed. R. Crim. P. 36.