United States v. Robert Istre

Case: 11-30470 Document: 00511762023 Page: 1 Date Filed: 02/17/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 17, 2012
No. 11-30470
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ROBERT KIM ISTRE,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:09-CR-341-1
Before HIGGINBOTHAM, GARZA, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Robert Kim Istre 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). Istre
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 assessment
that the appeal presents no nonfrivolous issue for appellate review.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
Case: 11-30470 Document: 00511762023 Page: 2 Date Filed: 02/17/2012
No. 11-30470
The record does reveal a clerical error in the judgment. The judgment
should be corrected to reflect that Istre pleaded guilty to and was convicted of
receipt of child pornography, in violation of 18 U.S.C. § 2252(a)(2). See FED. R.
CRIM. P. 36.
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 for correction of
the clerical error pursuant to Federal Rule of Criminal Procedure 36.
2