United States v. Espinoza-Estrada

Case: 26-10137 Document: 43-1 Page: 1 Date Filed: 08/03/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 26-10137 August 3, 2026 Summary Calendar

Lyle W. Cayce ____________ Clerk United States of America,

Plaintiff—Appellee, versus

Tadeo Espinoza-Estrada,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:25-CR-257-1 ______________________________

Before Jones, Ho, and Wilson, Circuit Judges.

Per Curiam: *

The Federal Public Defender appointed to represent Tadeo Espinoza- Estrada 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). Espinoza-Estrada 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 assessment that the appeal presents no Case: 26-10137 Document: 43-1 Page: 2 Date Filed: 08/03/2026

No. 26-10137 nonfrivolous issue for appellate review but note a clerical error in the written judgment. Although the record indicates Espinoza-Estrada was convicted and sentenced pursuant to 8 U.S.C. § 1326(a) only, the judgment cites “8 U.S.C. §§ 1326(a) and (b)(1)/(2).”

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 error in the written judgment. See Fed. R. Crim. P. 36.