United States v. Yvonne Ramirez , 669 F. App'x 208 ( 2016 )


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  •      Case: 16-40433      Document: 00513691994         Page: 1    Date Filed: 09/26/2016
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    United States Court of Appeals
    Fifth Circuit
    No. 16-40433                           FILED
    Summary Calendar                 September 26, 2016
    Lyle W. Cayce
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    YVONNE RAMIREZ,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 2:15-CR-1045-1
    Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.
    PER CURIAM: *
    The Federal Public Defender appointed to represent Yvonne Ramirez
    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). Ramirez 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
    * 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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40433     Document: 00513691994       Page: 2   Date Filed: 09/26/2016
    No. 16-40433
    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 judgment, though, contains a clerical error pertaining to Ramirez’s
    written judgment. The judgment identifies the statute violated as “
    21 U.S.C. §§ 841
    (a)(1) and 841[(a)(1)(B)],” but the bracketed material should instead
    refer to “(b)(1)(B).” We therefore REMAND to the district court for correction
    of this clerical error. See FED. R. CRIM. P. 36.
    2
    

Document Info

Docket Number: 16-40433

Citation Numbers: 669 F. App'x 208

Filed Date: 9/26/2016

Precedential Status: Non-Precedential

Modified Date: 1/13/2023