UNITED STATES OF AMERICA v. GONZALO HERNANDEZ ALAMILLA (2017)

The attorney appointed to represent Gonzalo Hernandez-Alamilla 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). Hernandez-Alamilla 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.

Nevertheless, counsel asserts that there is a clerical error in the written judgment because it does not include “Aiding and Abetting” in the description of the nature of the offense, nor does it include “18 U.S.C. § 2” as a violated statutory provision. Even without the inclusion of “Aiding and Abetting,” the judgment correctly describes the nature of the offense, and thus this omission need not be corrected. See United States v. Rabhan, 540 F.3d 344, 348 (5th Cir. 2008). However, it will not prejudice the Government if the district court corrects the judgment on remand to include “18 U.S.C. § 2” in the list of violated provisions. 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 case is REMANDED to the district court for the limited purpose of correcting the judgment to add “18 U.S.C. § 2” to the list of violated statutory provisions. See FED. R. CRIM. P. 36.

PER CURIAM:*