United States v. Lyons ( 2022 )

Case: 22-20175 Document: 00516555934 Page: 1 Date Filed: 11/23/2022
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
No. 22-20175
FILED
November 23, 2022
Summary Calendar
Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Terrell Lyons,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:20-CR-424-1
Before Jolly, Jones, and Ho, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Terrell Lyons
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). Lyons has not filed a response. We have reviewed
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 22-20175 Document: 00516555934 Page: 2 Date Filed: 11/23/2022
No. 22-20175
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. 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.
As counsel asserts, however, there is a clerical error in the written
judgment. The written judgment does not reflect the district court’s oral
recommendation that Lyons participate in mental health treatment while
incarcerated. Accordingly, we REMAND for correction of the clerical error
in the written judgment in accordance with Federal Rule of Criminal
Procedure 36. See United States v. Powell, 354 F.3d 362, 371-72 (5th Cir.
2003).
2