UNITED STATES v. RENTERIA GUTIERREZ (2020)

The Federal Public Defender appointed to represent Jose Francisco Renteria-Gutierrez moves 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). Renteria-Gutierrez has filed a pro se response. We have reviewed counsel's brief and the relevant portions of the record reflected therein, as well as Renteria-Gutierrez's response. We concur with counsel's assessment that the appeals present no nonfrivolous issue for appellate review.

Nevertheless, there is a clerical error in the written judgment in No. 4:19-CR-15 because it does not include 18 U.S.C. § 2 as a violated statutory provision. It will not cause prejudice to the Government if the district court corrects the judgment in that case 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 appeals are DISMISSED. See 5th Cir. R. 42.2. The case is REMANDED to the district court for the limited purpose of correcting the judgment in No. 4:19- CR-15 to include 18 U.S.C. § 2 in the list of violated statutory provisions. See Fed. R. Crim. P. 36.

FOOTNOTES

FOOTNOTE.  

Per Curiam:* FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.