UNITED STATES v. SALAS (2019)

The attorney appointed to represent Catherine Salas has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Salas 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.

Our review of the record reveals an error in the amount of the restitution award. The judgment incorrectly states that J.D. is due restitution in the amount of $ 42,823. Based on the figures used to compute the restitution award at sentencing, J.D. is owed restitution in the amount of $ 42,822. The judgment correctly states that Lion Diamond Group, Incorporated is due restitution in the amount of $ 165,000.

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. This matter is REMANDED for the limited purpose of correcting the error in the judgment. See Fed. R. Crim. P. 36.

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FOOTNOTE.  

PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.