United States v. Baquavious Rivers ( 2019 )

Case: 19-10090 Document: 00515203471 Page: 1 Date Filed: 11/18/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 19-10090
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
November 18, 2019
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
BAQUAVIOUS RIVERS,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:17-CR-460-10
Before HAYNES, DUNCAN, and ENGELHARDT, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Baquavious Rivers 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).
Rivers 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 issue for appellate review.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 19-10090 Document: 00515203471 Page: 2 Date Filed: 11/18/2019
No. 19-10090
Our review reveals a clerical error in the written judgment concerning
the indictment to which Rivers pleaded guilty. The judgment erroneously
states that Rivers pleaded guilty to Count One of “the indictment filed on
September 12, 2017,” rather than Count One of the second superseding
indictment filed January 9, 2018.
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. This matter is REMANDED for the limited
purpose of correcting the clerical error in the judgment. See FED. R. CRIM. P.
36; United States v. Johnson, 588 F.2d 961, 964 (5th Cir. 1979).
2