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Case: 20-10276 Document: 00515520924 Page: 1 Date Filed: 08/10/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED August 10, 2020 No. 20-10276 Lyle W. Cayce Conference Calendar Clerk United States of America, Plaintiff—Appellee, versus Juan Asael Velazquez, formerly known as Juan Asael Velazquez-Benitez, Defendant—Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:19-CR-115-1 Before Smith, Stewart, and Higginson, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Juan Asael Velazquez 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 20-10276 Document: 00515520924 Page: 2 Date Filed: 08/10/2020 No. 20-10276 F.3d 229 (5th Cir. 2011). Velazquez has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Velazquez’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. However, the district court committed nonreversible error when it imposed judgment under 8 U.S.C. § 1326(b)(2). The judgment of the district court is therefore REFORMED to reflect a conviction and sentence under 8 U.S.C. § 1326(b)(1). See United States v. Mondragon-Santiago,
564 F.3d 357, 367-69 (5th Cir. 2009). 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. 2
Document Info
Docket Number: 20-10276
Filed Date: 8/10/2020
Precedential Status: Non-Precedential
Modified Date: 8/10/2020