USA v. Felix Americo Gil, No. 12-12160 (11th Cir. 2012)
Annotate this Case
Download PDF
Case: 12-12160 Date Filed: 12/27/2012 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-12160 Non-Argument Calendar ________________________ D.C. Docket No. 1:11-cr-20852-JAL-1 UNITED STATES OF AMERICA, llllllllllllllllllllllllllllllllllllllll Plaintiff - Appellee, versus FELIX AMERICO GIL, lllllllllllllllllllllllllllllllllllllll lDefendant - Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (December 27, 2012) Before TJOFLAT, PRYOR and KRAVITCH, Circuit Judges. PER CURIAM: Margaret Foldes, appointed counsel for Felix Gil, has moved to withdraw Case: 12-12160 Date Filed: 12/27/2012 Page: 2 of 2 from further representation of the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). Our independent review of the record reveals a clerical error in the judgment. Gil pleaded guilty to Counts I, II, and III of the indictment. The written judgment reflects that he was convicted of all three counts, but lists only the corresponding statute for Count I, transfer of fraudulent identification documents in violation of 18 U.S.C. § 1028(a)(2). It should also identify the corresponding statutes for Counts II and III: furnishing a fraudulent passport in violation of 18 U.S.C. § 1543, and possession of a fraudulent entry document in violation of 18 U.S.C. § 1546(a). Cf. United States v. James, 642 F.3d 1333, 1343 (11th Cir. 2011) (vacating and remanding where the judgment cited the incorrect statute under which the defendant was convicted). Aside from this clerical error, our independent review of the entire record reveals that counsel s assessment of the relative merit of the appeal is correct. We VACATE AND REMAND for the limited purpose of entering a judgment in conformity with the indictment and guilty plea. Because independent examination of the entire record reveals no other arguable issues of merit, however, counsel s motion to withdraw is GRANTED and Gil s convictions and sentences are otherwise AFFIRMED. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
