United States v. Gonzalez-Salazar ( 2023 )

Case: 23-40226 Document: 00516915356 Page: 1 Date Filed: 10/02/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
____________ FILED
October 2, 2023
No. 23-40226 Lyle W. Cayce
Summary Calendar Clerk
____________
United States of America,
Plaintiff—Appellee,
versus
Jose Antonio Gonzalez-Salazar,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:22-CR-1164-1
______________________________
Before King, Haynes, and Graves, Circuit Judges.
Per Curiam: *
The Federal Public Defender appointed to represent Jose Antonio
Gonzalez-Salazar 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). Gonzalez-Salazar has not filed a
response. We have reviewed counsel’s brief and the relevant portions of the
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-40226 Document: 00516915356 Page: 2 Date Filed: 10/02/2023
No. 23-40226
record reflected therein. We concur with counsel’s assessment that the
appeal presents no nonfrivolous issue for appellate review. However, we
note that the judgment contains a clerical error in that it lists the incorrect
title of the United States Code under which the offense of conviction is
provided. This offense falls under Title 8 of the United States Code, not
Title 18, and thus the judgment should identify the statute of conviction as
8 U.S.C. § 1326(a), (b)(1).
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 case is REMANDED to the
district court for the limited purposed of correcting the judgment to list the
correct statute of conviction. See Fed. R. Crim. P. 36.
2