United States v. Gonzales ( 2023 )

Case: 22-10651 Document: 00516622419 Page: 1 Date Filed: 01/25/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-10651
Summary Calendar FILED
____________ January 25, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Angel Nicole Gonzales,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:21-CR-72-7
______________________________
Before Jones, Haynes, and Oldham, Circuit Judges.
Per Curiam: *
The attorney appointed to represent Angel Nicole Gonzales 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). Gonzales has not filed a response. 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
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10651 Document: 00516622419 Page: 2 Date Filed: 01/25/2023
No. 22-10651
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.
However, there is a clerical error in the written judgment. The
judgment refers to the offense of conviction as “possession with intent to
distribute 50 grams or more of methamphetamine,” but the record reflects
that Gonzales pleaded guilty to possession with intent to distribute 50 grams
or more of a mixture or substance containing a detectable amount of
methamphetamine. See 21 U.S.C. § 841(a)(1), (b)(1)(B)(viii). Accordingly,
we REMAND for the limited purpose of correcting the clerical error in the
written judgment. See Fed. R. Crim. P. 36.
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