United States v. Osorio ( 2023 )

Case: 22-10940 Document: 00516697110 Page: 1 Date Filed: 03/31/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-10940
Summary Calendar FILED
____________ March 31, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
J. Jesus Barrera Osorio,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:22-CR-118-3
______________________________
Before Jones, Haynes, and Oldham, Circuit Judges.
Per Curiam: *
The attorney appointed to represent J. Jesus Barrera Osorio 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). Barrera Osorio has not filed a response. We have reviewed
counsel’s brief and the relevant portions of the record reflected therein. We
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10940 Document: 00516697110 Page: 2 Date Filed: 03/31/2023
No. 22-10940
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.
The record reflects a clerical error in the written judgment; although
the judgment identifies the penalty provision for Barrera Osorio’s offense as
21 U.S.C. § 841(b)(1)(C), the record indicates that Barrera Osorio pleaded
guilty to a violation of § 841(b)(1)(B). See United States v. Brune, 991 F.3d
652, 664 n.39 (5th Cir. 2021), cert. denied, 142 S. Ct. 755 (2022). Accordingly,
we REMAND for the limited purpose of correction of that clerical error in
the written judgment in accordance with Federal Rule of Criminal Procedure
36.
2