United States v. Landeros-Bolanos ( 2007 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT March 2, 2007
Charles R. Fulbruge III
Clerk
No. 05-40961
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ISIDRO LANDEROS-BOLANOS,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:04-CR-2601-1
--------------------
Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:*
Counsel appointed to represent Isidro Landeros-Bolanos
(Landeros), has requested leave to withdraw and has filed a brief
as required by Anders v. California, 386 U.S. 738 (1967).
Landeros filed no response to his attorney’s motion. Our
independent review of the record and counsel’s brief discloses no
nonfrivolous issue for appeal except that the district court’s
written judgment fails to reflect the dismissal of count four
(bringing an unauthorized alien to the United States for purpose
of commercial advantage or private gain in violation of 8 U.S.C.
*
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this opinion should not be published and is not precedent except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.
No. 05-40961
-2-
§ 1324(a)(2)(B)(ii)), which the district court dismissed on the
Government’s motion at Landeros’s sentencing hearing. “[A]
simple remand to correct such clerical error is proper.” United
States v. Powell, 354 F.3d 362, 372 (5th Cir. 2003); see also
FED. R. CRIM. P. 36. Accordingly, we DENY counsel’s motion for
leave to withdraw, but we pretermit further briefing, AFFIRM
Landeros’s conviction and sentence, and REMAND to the district
court with an instruction to correct the judgment to reflect
dismissal of count four against Landeros.