United States v. Timothy McWilliams ( 2020 )

Case: 19-50705 Document: 00515380982 Page: 1 Date Filed: 04/14/2020
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 19-50705
Fifth Circuit
FILED
Conference Calendar April 14, 2020
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
TIMOTHY CHASE MCWILLIAMS,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:18-CR-266-1
Before STEWART, DENNIS, and HO, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Timothy Chase McWilliams 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). McWilliams has not filed a response. We have reviewed counsel’s
brief and the relevant portions of the record reflected therein. We concur with
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 19-50705 Document: 00515380982 Page: 2 Date Filed: 04/14/2020
No. 19-50705
counsel’s assessment that the appeal presents no nonfrivolous issue for
appellate review.
There is a clerical error in the judgment. The written judgment states
that McWilliams was convicted of possession of 50 grams or more of actual
methamphetamine. McWilliams pleaded guilty to possession with intent to
distribute 50 grams or more of actual methamphetamine. The written
judgment should be corrected to accurately reflect the offense of conviction.
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 correction
of the clerical error pursuant to Federal Rule of Criminal Procedure 36.
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