United States v. Lazaro Martinez-Padron , 368 F. App'x 55 ( 2010 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUITU.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
FEB 26, 2010
No. 09-11337 JOHN LEY
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 08-20598-CR-DLG
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LAZARO MARTINEZ-PADRON,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(February 26, 1010)
Before DUBINA, Chief Judge, BIRCH and ANDERSON, Circuit Judges.
PER CURIAM:
Manuel Vazquez, appointed counsel for Lazaro Martinez-Padron in this
direct criminal appeal, has moved to withdraw from further representation of the
appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct.
1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals
that counsel’s assessment of the relative merit of the appeal is correct. Because
independent examination of the entire record reveals no arguable issues of merit,
counsel’s motion to withdraw is GRANTED, and Martinez’s convictions and
sentences are AFFIRMED.
However, we notice a clerical error in Martinez-Padron’s written judgment.
The district court orally sentenced Martinez-Padron to 63 months’ imprisonment,
but the written judgment states that he received a sentence of 60 months. Since the
oral pronouncement controls, see United States v. Khoury, 901 F.2d 975, 977 (11th
Cir. 1990), we VACATE the written judgment and REMAND for the district
court to enter a new judgment stating that Martinez-Padron received a sentence of
63 months’ imprisonment. See Fed.R.Crim.P. 36.
2