United States v. Salazar-Sanchez

Case: 22-10463 Document: 00516571797 Page: 1 Date Filed: 12/08/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 22-10463 December 8, 2022
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Jose Salazar-Sanchez,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:21-CR-169-1
Before Smith, Dennis, and Southwick, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Jose Salazar-
Sanchez 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). Salazar-Sanchez has not filed a response. We have
reviewed counsel’s brief and the relevant portions of the record reflected
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10463 Document: 00516571797 Page: 2 Date Filed: 12/08/2022
No. 22-10463
therein. We 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.
However, we note that, although Salazar-Sanchez pled guilty to an
offense under 21 U.S.C. § 841, the written judgment incorrectly cites
21 U.S.C. § 846. 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. Cooper, 979 F.3d 1084, 1088-89 (5th
Cir. 2020).
2