United States v. Jose Renteria-Gutierrez ( 2020 )

Case: 19-50945 Document: 00515627455 Page: 1 Date Filed: 11/05/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
November 5, 2020
No. 19-50945 Lyle W. Cayce
Conference Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Jose Francisco Renteria-Gutierrez, also known as Jairo
Rivera-Gutierrez, also known as Jose F. Renteria-Gutierrez,
also known as Gutierrez Renteria, also known as Jose Lagarda-
Gutierrez, also known as Jose Francis Lagarda-Gutirrez, also
known as Jose Franci Rentiera-Gutierrez, also known as Jose
Rivera-Gutierrez,
Defendant—Appellant,
consolidated with
_____________
No. 19-50947
_____________
United States of America,
Plaintiff—Appellee,
versus
Jose Francisco Renteria-Gutierrez,
Defendant—Appellant.
Case: 19-50945 Document: 00515627455 Page: 2 Date Filed: 11/05/2020
No. 19-50945
c/w No. 19-50947
Appeals from the United States District Court
for the Western District of Texas
USDC No. 4:19-CR-15-1
USDC No. 4:19-CR-326-1
Before Graves, Willett, and Duncan, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Jose Francisco
Renteria-Gutierrez moves 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). Renteria-Gutierrez has filed a pro se
response. We have reviewed counsel’s brief and the relevant portions of the
record reflected therein, as well as Renteria-Gutierrez’s response. We concur
with counsel’s assessment that the appeals present no nonfrivolous issue for
appellate review.
Nevertheless, there is a clerical error in the written judgment in
No. 4:19-CR-15 because it does not include 18 U.S.C. § 2 as a violated
statutory provision. It will not cause prejudice to the Government if the
district court corrects the judgment in that case on remand to include 18
U.S.C. § 2 in the list of violated provisions.
Accordingly, counsel’s motion for leave to withdraw is GRANTED,
counsel is excused from further responsibilities herein, and the appeals are
DISMISSED. See 5th Cir. R. 42.2. The case is REMANDED to the
district court for the limited purpose of correcting the judgment in No. 4:19-
*
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opinion should not be published and is not precedent except under the limited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.
2
Case: 19-50945 Document: 00515627455 Page: 3 Date Filed: 11/05/2020
No. 19-50945
c/w No. 19-50947
CR-15 to include 18 U.S.C. § 2 in the list of violated statutory provisions. See
Fed. R. Crim. P. 36.
3