United States v. Wallace ( 2023 )


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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