Case: 23-40130 Document: 00517041196 Page: 1 Date Filed: 01/23/2024

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED January 23, 2024 No. 23-40130 Lyle W. Cayce Summary Calendar Clerk ____________ United States of America, Plaintiff—Appellee, versus Ashley Marie Herrera, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 7:22-CR-1837-2 ______________________________ Before Elrod, Oldham, and Wilson, Circuit Judges.

Per Curiam:* The attorney appointed to represent Ashley Marie Herrera has moved for leave to withdraw and has filed briefs in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Herrera has not filed a response. We have reviewed counsel’s briefs and the relevant portions of the record reflected therein. We concur _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-40130 Document: 00517041196 Page: 2 Date Filed: 01/23/2024

No. 23-40130

with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review but note clerical errors in the judgment. Although the record reflects that Herrera pleaded guilty to transporting an illegal alien in violation of 8 U.S.C. § 1324(a)(1)(A)(ii) and (a)(1)(B)(i), the judgment indicates she also was convicted of an aiding-and-abetting offense, in violation of § 1324(a)(1)(A)(v)(II), and sentenced under § 1324(a)(1)(B)(ii).

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 errors in the judgment.

See Fed. R. Crim. P. 36.