United States v. Felix Americo Gil , 502 F. App'x 911 ( 2012 )

Case: 12-12160 Date Filed: 12/27/2012 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 12-12160
Non-Argument Calendar
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D.C. Docket No. 1:11-cr-20852-JAL-1
UNITED STATES OF AMERICA,
llllllllllllllllllllllllllllllllllllllll Plaintiff - Appellee,
versus
FELIX AMERICO GIL,
lllllllllllllllllllllllllllllllllllllll lDefendant - Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(December 27, 2012)
Before TJOFLAT, PRYOR and KRAVITCH, Circuit Judges.
PER CURIAM:
Margaret Foldes, appointed counsel for Felix Gil, has moved to withdraw
Case: 12-12160 Date Filed: 12/27/2012 Page: 2 of 2
from further representation of the appellant and filed a brief pursuant to Anders v.
California, 386 U.S. 738 (1967). Our independent review of the record reveals a
clerical error in the judgment. Gil pleaded guilty to Counts I, II, and III of the
indictment. The written judgment reflects that he was convicted of all three
counts, but lists only the corresponding statute for Count I, transfer of fraudulent
identification documents in violation of 18 U.S.C. § 1028(a)(2). It should also
identify the corresponding statutes for Counts II and III: furnishing a fraudulent
passport in violation of 18 U.S.C. § 1543, and possession of a fraudulent entry
document in violation of 18 U.S.C. § 1546(a). Cf. United States v. James, 642
F.3d 1333, 1343 (11th Cir. 2011) (vacating and remanding where the judgment
cited the incorrect statute under which the defendant was convicted).
Aside from this clerical error, our independent review of the entire record
reveals that counsel’s assessment of the relative merit of the appeal is correct. We
VACATE AND REMAND for the limited purpose of entering a judgment in
conformity with the indictment and guilty plea. Because independent examination
of the entire record reveals no other arguable issues of merit, however, counsel’s
motion to withdraw is GRANTED and Gil’s convictions and sentences are
otherwise AFFIRMED.
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