United States v. Reynaldo Aguirre

Case: 14-50213 Document: 00512875895 Page: 1 Date Filed: 12/18/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-50213
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 18, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
REYNALDO AGUIRRE, also known as Reynaldo Gutierrez Aguirre, also
known as Felipe Aguirre, also known as Ray Aguirre, also known as Reynaldo
Aruirre, also known as Reynaldo Aquirre,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:12-CR-353-1
Before SMITH, WIENER, and ELROD, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Reynaldo Aguirre
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). Aguirre has not filed a response. We have reviewed
counsel’s brief and the relevant portions of the record reflected therein. We
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-50213 Document: 00512875895 Page: 2 Date Filed: 12/18/2014
No. 14-50213
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.
The record, however, reflects a clerical error in the written judgment.
Aguirre was charged with and pleaded guilty to conspiring to distribute 50
grams or more of methamphetamine. However, the written judgment
describes the offense as conspiracy to distribute and possession with intent to
distribute 50 grams or more of methamphetamine. Accordingly, we REMAND
for correction of the clerical error in the written judgment in accordance with
Federal Rule of Criminal Procedure 36. See United States v. Higgins, 739 F.3d
733, 739 n.16 (5th Cir.), cert. denied, 134 S. Ct. 2319 (2014); United States v.
Pouncy, 539 F. App’x 437, 438 (5th Cir. 2013); United States v. Rosales, 448 F.
App’x 466, 466-67 (5th Cir. 2011).
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