United States v. Jesus Valencia , 429 F. App'x 421 ( 2011 )

Case: 10-11060 Document: 00511515390 Page: 1 Date Filed: 06/21/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 21, 2011
No. 10-11060
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JESUS VALENCIA,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:10-CR-76-1
Before
PER CURIAM:*
The Federal Public Defender appointed to represent Jesus Valencia 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). Valencia 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-11060 Document: 00511515390 Page: 2 Date Filed: 06/21/2011
No. 10-11060
Although counsel has moved for remand to correct a clerical error in the
judgment, the error has been resolved. The judgment was not properly uploaded
to this court. As a result, several pages of the judgment, as it appeared in the
paper and electronic appellate record, were blank. The completed judgment is
now available in the appellate record.
Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel
is excused from further responsibilities herein, and the APPEAL IS
DISMISSED. See 5 TH C IR. R. 42.2. Counsel’s motion for REMAND is DENIED
AS MOOT.
2