United States v. Majors ( 2023 )

Case: 22-40620 Document: 00516665059 Page: 1 Date Filed: 03/03/2023
United States Court of Appeals
for the Fifth Circuit
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United States Court of Appeals
Fifth Circuit
No. 22-40620
FILED
Summary Calendar March 3, 2023
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Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Max Majors,
Defendant—Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:19-CR-21-4
______________________________
Before Stewart, Duncan, and Wilson, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Max Majors 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).
Majors 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
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*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-40620 Document: 00516665059 Page: 2 Date Filed: 03/03/2023
No. 22-40620
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.
However, there is a clerical error in the written judgment. In
accordance with the written plea agreement, the Government moved to
dismiss count four of the indictment. The district court orally granted the
motion, but the amended judgment does not reflect the dismissal.
Accordingly, we REMAND for the limited purpose of correcting the clerical
error in the written judgment. See Fed. R. Crim. P. 36.
2