United States v. Luigi Montes , 581 F. App'x 389 ( 2014 )

Case: 13-40760 Document: 00512756988 Page: 1 Date Filed: 09/04/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 13-40760
Fifth Circuit
FILED
Summary Calendar September 4, 2014
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
LUIGI MONTES,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:12-CR-65
Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Luigi Montes 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).
Montes 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 nonfrivolous issue for appellate review.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 13-40760 Document: 00512756988 Page: 2 Date Filed: 09/04/2014
No. 13-40760
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.
Montes was charged with and pleaded guilty to conspiring to make a false
statement to the Government and to make a false claim against the
Government. However, the written judgment describes the “nature of the
offense” as conspiracy to make a false statement to the Government.
Accordingly, we REMAND for correction of the clerical error in the written
judgment in accordance with Federal Rule of Criminal Procedure 36. See
United States v. Higgins, 739 F.3d 733, 739 n.16 (5th Cir.), cert. denied, 134 S.
Ct. 2319 (2014); United States v. Pouncy, 539 F. App’x 437, 438 (5th Cir. 2013);
United States v. Rosales, 448 F. App’x 466, 466-67 (5th Cir. 2011).
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