United States v. Victor Herbert Carroll

USCA11 Case: 21-14231 Document: 38-1 Date Filed: 03/21/2023 Page: 1 of 2
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 21-14231
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VICTOR HERBERT CARROLL,
Defendant- Appellant.
____________________
Appeal from the United States District Court
for the Southern District of Alabama
D.C. Docket No. 1:19-cr-00134-CG-MU-1
____________________
USCA11 Case: 21-14231 Document: 38-1 Date Filed: 03/21/2023 Page: 2 of 2
2 Opinion of the Court 21-14231
Before WILSON, JILL PRYOR, and ANDERSON, Circuit Judges.
PER CURIAM:
Richard Shields, appointed counsel for Victor Carroll in this
direct criminal appeal, has moved to withdraw from further repre-
sentation of the appellant and filed a brief pursuant to Anders v.
California, 386 U.S. 738 (1967). Our independent review of the en-
tire record shows that the district court’s final judgment contains a
clerical error in listing the crime of conviction on Count 1 as a con-
spiracy offense under 21 U.S.C. § 846, rather than the substantive
offense of possession with intent to distribute 5 grams or more of
methamphetamine under § 841(a)(1) and (b)(1)(B), but otherwise
reveals that counsel’s assessment of the relative merit of the appeal
is correct. Accordingly, we VACATE the judgment and REMAND
to the district court for the limited purpose of correcting the clerical
error. United States v. Anderton, 136 F.3d 747, 751 (11th Cir. 1998)
(per curiam). Otherwise, because our independent examination of
the entire record reveals no arguable issues of merit, counsel’s mo-
tion to withdraw is GRANTED, and Carroll’s convictions and sen-
tences are AFFIRMED.