United States v. Carrasco ( 2023 )

Case: 22-50990 Document: 00516871391 Page: 1 Date Filed: 08/24/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-50990
Summary Calendar FILED
____________ August 24, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Rigoberto Carrasco,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:22-CR-118-1
______________________________
Before Haynes, Higginson, and Duncan, Circuit Judges.
Per Curiam: *
The attorney appointed to represent Rigoberto Carrasco 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). Carrasco has not filed a response. We have reviewed counsel’s
brief and the relevant portions of the record reflected therein. We concur
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-50990 Document: 00516871391 Page: 2 Date Filed: 08/24/2023
No. 22-50990
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. The
record indicates that Carrasco pleaded guilty to conspiracy to possess with
intent to distribute 500 grams or more of a mixture or substance containing a
detectable amount of methamphetamine, but the judgment incorrectly
identifies the nature of the offense as involving 500 grams or more of actual
methamphetamine. Accordingly, because the written judgment erroneously
identifies offense of conviction, 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.
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