United States v. Hernandez ( 2023 )

Case: 23-40124 Document: 00516885272 Page: 1 Date Filed: 09/06/2023
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
____________ FILED
September 6, 2023
No. 23-40124 Lyle W. Cayce
Summary Calendar Clerk
____________
United States of America,
Plaintiff—Appellee,
versus
Timothy Andrew Hernandez,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:22-CR-947-1
______________________________
Before Jones, Southwick, and Ho, Circuit Judges.
Per Curiam: *
The Federal Public Defender appointed to represent Timothy
Andrew Hernandez 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). Hernandez has not filed a response.
_____________________
*
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should not be published and is not precedent except under the limited circumstances set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.
Case: 23-40124 Document: 00516885272 Page: 2 Date Filed: 09/06/2023
No. 23-40124
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein. We 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.
We note, however, that there is an apparent clerical error in the
written judgment with respect to the date that the offense ended. Thus, we
REMAND for correction of the clerical error in the written judgment in
accordance with Federal Rule of Criminal Procedure 36.
2