United States v. Nieto ( 2023 )

Case: 22-10589 Document: 00516611649 Page: 1 Date Filed: 01/16/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-10589
Summary Calendar FILED
____________ January 16, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Sofio Nieto, Jr.,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:21-CR-425-1
______________________________
Before Wiener, Elrod, and Engelhardt, Circuit Judges.
Per Curiam: *
The attorney appointed to represent Sofio Nieto, Jr., 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).
Nieto has not filed a response but has moved for appointment of new counsel.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10589 Document: 00516611649 Page: 2 Date Filed: 01/16/2023
No. 22-10589
That motion is DENIED as untimely. See United States v. Wagner, 158 F.3d
901, 902-03 (5th Cir. 1998).
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. 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 record, however, reflects a clerical error in the written judgment.
The written judgment states that Nieto is to serve a three-year term of
supervised release. Instead, at sentencing, the district court orally
pronounced that Nieto would serve a one-year term of supervised release.
Accordingly, we REMAND for the entry of a corrected written judgment in
accordance with Federal Rule of Criminal Procedure 36. See Fed. R.
Crim. P. 36; see also United States v. Illies, 805 F.3d 607, 610 (5th Cir. 2015).
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