United States v. Martinez-Rodriguez

Case: 25-10980 Document: 50-1 Page: 1 Date Filed: 06/12/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED June 12, 2026 No. 25-10980 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Fernando Martinez-Rodriguez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:25-CR-47-1 ______________________________ Before Wiener, Willett, and Wilson, Circuit Judges.

Per Curiam:* The Federal Public Defender appointed to represent Defendant- Appellant Fernando Martinez-Rodriguez 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). Martinez- Rodriguez has not filed a response. We have reviewed counsel’s brief and _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-10980 Document: 50-1 Page: 2 Date Filed: 06/12/2026

No. 25-10980 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.

The record, however, reflects a clerical error in the written judgment.

The district court cited 8 U.S.C. §§ 1326(a) and (b)(1) as grounds for his conviction, but the record indicates that Martinez-Rodriguez was only convicted and sentenced pursuant to § 1326(a). We therefore REMAND for the limited purpose of correcting this error in the written judgment. See Fed. R. Crim. P. 36.