United States v. Moscoso-Reyes ( 2023 )

Case: 22-50668 Document: 00516638136 Page: 1 Date Filed: 02/07/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-50668
Summary Calendar FILED
____________ February 7, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Veronica Moscoso-Reyes,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:22-CR-190-1
______________________________
Before Higginbotham, Graves, and Ho, Circuit Judges.
Per Curiam: *
The attorney appointed to represent Veronica Moscoso-Reyes 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). Moscoso-Reyes has not filed a response. We have reviewed
counsel’s brief and the relevant portions of the record reflected therein. We
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-50668 Document: 00516638136 Page: 2 Date Filed: 02/07/2023
No. 22-50668
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.
We note, however, that there is a clerical error in the written
judgment. The judgment lists the penalty provision as
“§ 1324(A)(1)(b)(II),” but the provision is § 1324(a)(1)(B)(ii). We therefore
REMAND for correction of the clerical error in the written judgment. See
Fed. R. Crim P. 36.
2