The Fifth Circuit granted the Federal Public Defender's motion to withdraw and dismissed the appeal after finding no nonfrivolous issues for review. The court also remanded the case to correct a clerical error in the district court's written judgment regarding the statutory citation.
The Federal Public Defender appointed to represent the defendant moved to withdraw and filed a brief in accordance with Anders v. California and United States v. Flores. The defendant did not file a response to the motion.
The court’s reasoning
The court reviewed the counsel’s brief and the relevant portions of the record. It concurred with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review. The court also identified a clerical error where the district court cited two subsections of the immigration statute, but the record indicated conviction only under the first subsection.
What it means going forward
Counsel is excused from further responsibilities, the appeal is dismissed, and the case is remanded solely to correct the written judgment to reflect the single statutory subsection under which the defendant was convicted.
