United States v. Villegas ( 2023 )

Case: 23-40022 Document: 00516930886 Page: 1 Date Filed: 10/13/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
____________
FILED
October 13, 2023
No. 23-40022
Summary Calendar Lyle W. Cayce
____________ Clerk
United States of America,
Plaintiff—Appellee,
versus
Ivan Villegas,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:19-CR-276-3
______________________________
Before Willett, Duncan, and Douglas, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Ivan Villegas 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).
Villegas has not filed a response. We have reviewed counsel’s brief and the
relevant portions of the record reflected therein. We concur with counsel’s
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-40022 Document: 00516930886 Page: 2 Date Filed: 10/13/2023
No. 23-40022
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.
Our review reveals a clerical error in the written judgment, which does
not reflect the district court’s dismissal of Count Two of the superseding
indictment on the Government’s motion. The case is REMANDED for the
limited purpose of correcting the clerical error in the judgment in accordance
with Federal Rule of Criminal Procedure 36.
2