United States v. Haywood

Case: 24-20264 Document: 60-1 Page: 1 Date Filed: 07/22/2025

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals

Fifth Circuit No. 24-20264 FILED Summary Calendar July 22, 2025

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Lyle W. Cayce

Clerk United States of America,

Plaintiff—Appellee, versus

Eric Ellison Haywood, Jr.,

Defendant—Appellant.

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Appeal from the United States District Court for the Southern District of Texas USDC No. 4:20-CR-122-2 ______________________________

Before Higginbotham, Engelhardt, and Ramirez, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Eric Ellison Haywood, Jr., 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). Haywood has not filed a response. We have reviewed Case: 24-20264 Document: 60-1 Page: 2 Date Filed: 07/22/2025

No. 24-20264 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.

However, the district court was without jurisdiction to enter the amended judgment during the pendency of this appeal. See United States v. Willis, 76 F.4th 467, 472 (5th Cir. 2023). Thus, the original judgment stands. It contains a clerical error regarding Haywood’s prisoner number. See Fed. R. Crim. P. 36. After the conclusion of this appeal, the district court regains jurisdiction to correct clerical errors under Federal Rule of Criminal Procedure 36.

Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED as frivolous. The amended judgment is VACATED for want of jurisdiction and the case is REMANDED for correction of the original judgment’s clerical error regarding Haywood’s prisoner number. See 5th Cir. R. 42.2; Willis, 76 F.4th at 472.