United States v. Jheison Campino-Palacios ( 2007 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
March 20, 2007
No. 06-12081 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 05-00411-CR-T-27-TGW
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JHEISON CAMPINO-PALACIOS,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(March 20, 2007)
Before WILSON, PRYOR and HILL, Circuit Judges.
PER CURIAM:
Alec Fitzgerald Hall, appointed counsel for Jheison Campino-Palacios in
this direct criminal appeal, has moved to withdraw from further representation of
the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738,
87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire
record reveals that counsel’s assessment of the relative merit of the appeal is
correct. Because independent examination of the entire record reveals no arguable
issues of merit, counsel’s motion to withdraw is GRANTED, and Campino-
Palacios’s conviction and sentence are AFFIRMED. Campino-Palacios’s
“Motion to Continue and Preserve His Rights to Appeal and to Request the Court
to Appoint a New Attorney to Continue his Appeal Process” is DENIED AS
MOOT.
Although we affirm Campino-Palacios’s sentence, we note that his judgment
contains a clerical error. The district court’s written judgment, while correctly
indicating that Campino-Palacios pled guilty to count two of the indictment,
nevertheless described the offense of conviction as the possession with intent to
distribute count, which was actually count one of the indictment. Therefore,
although we affirm Campino-Palacios’s sentence, we VACATE and REMAND
for the limited purpose of correcting the clerical error in his judgment.
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