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Case: 21-40256 Document: 00516615951 Page: 1 Date Filed: 01/19/2023 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED January 19, 2023 No. 21-40256 Lyle W. Cayce Summary Calendar Clerk ____________ United States of America, Plaintiff—Appellee, versus Chance Wallace, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 1:15-CR-1101-1 ______________________________ Before Higginbotham, Graves, and Ho, Circuit Judges. Per Curiam: * The attorney appointed to represent Chance Wallace 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). Wallace has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Wallace’s response. We concur with counsel’s assessment that the appeal presents no _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 21-40256 Document: 00516615951 Page: 2 Date Filed: 01/19/2023 No. 21-40256 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. We note, however, that there is a clerical error in the written judgment. As a condition of supervised release, the district court ordered that Wallace “not reside, work, access, or loiter within [500] yards of school yards, playgrounds, arcades, or other places primarily used by children under the age of 18 or where children may frequently congregate unless approved in writing in advance by the United States Probation Officer.” The written judgment misstates the distance involved as 500 “feet.” Accordingly, we REMAND for correction of the clerical error in the written judgment in accordance with Federal Rule of Criminal Procedure 36. 2
Document Info
Docket Number: 21-40256
Filed Date: 1/19/2023
Precedential Status: Non-Precedential
Modified Date: 1/19/2023