United States v. Victor Rodriguez-Martinez ( 2021 )

Case: 20-40706 Document: 00515926482 Page: 1 Date Filed: 07/06/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
July 6, 2021
No. 20-40706 Lyle W. Cayce
Conference Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Victor Alfonso Rodriguez-Martinez,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:20-CR-48-1
Before Smith, Stewart, and Higginson, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Victor Alfonso
Rodriguez-Martinez 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). Rodriguez-Martinez has not filed a
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 20-40706 Document: 00515926482 Page: 2 Date Filed: 07/06/2021
No. 20-40706
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. 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 written judgment states that Rodriguez-Martinez was convicted of
violating “8 U.S.C. § 1326(a) and 1226(b)” rather than § 1326(a) and
§ 1326(b). Accordingly, we REMAND for correction of the written
judgment in accordance with Federal Rule of Criminal Procedure 36.
2