USA v. Lazaro Martinez-Padron, No. 09-11337 (11th Cir. 2010)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT FEB 26, 2010 JOHN LEY CLERK No. 09-11337 Non-Argument Calendar ________________________ D. C. Docket No. 08-20598-CR-DLG UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LAZARO MARTINEZ-PADRON, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (February 26, 1010) Before DUBINA, Chief Judge, BIRCH and ANDERSON, Circuit Judges. PER CURIAM: Manuel Vazquez, appointed counsel for Lazaro Martinez-Padron in this direct criminal appeal, has moved to withdraw from further representation of the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel s assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel s motion to withdraw is GRANTED, and Martinez s convictions and sentences are AFFIRMED. However, we notice a clerical error in Martinez-Padron s written judgment. The district court orally sentenced Martinez-Padron to 63 months imprisonment, but the written judgment states that he received a sentence of 60 months. Since the oral pronouncement controls, see United States v. Khoury, 901 F.2d 975, 977 (11th Cir. 1990), we VACATE the written judgment and REMAND for the district court to enter a new judgment stating that Martinez-Padron received a sentence of 63 months imprisonment. See Fed.R.Crim.P. 36. 2
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