United States v. Yvonne Ramirez

Case: 16-40433 Document: 00513691994 Page: 1 Date Filed: 09/26/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-40433 FILED
Summary Calendar September 26, 2016
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
YVONNE RAMIREZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:15-CR-1045-1
Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Yvonne Ramirez
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). Ramirez 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
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40433 Document: 00513691994 Page: 2 Date Filed: 09/26/2016
No. 16-40433
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 judgment, though, contains a clerical error pertaining to Ramirez’s
written judgment. The judgment identifies the statute violated as “21 U.S.C.
§§ 841(a)(1) and 841[(a)(1)(B)],” but the bracketed material should instead
refer to “(b)(1)(B).” We therefore REMAND to the district court for correction
of this clerical error. See FED. R. CRIM. P. 36.
2