USA v. Jesus Valencia, No. 10-11060 (5th Cir. 2011)

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Case: 10-11060 Document: 00511515390 Page: 1 Date Filed: 06/21/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-11060 Summary Calendar June 21, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JESUS VALENCIA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:10-CR-76-1 Before PER CURIAM:* The Federal Public Defender appointed to represent Jesus Valencia 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). Valencia 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 issue for appellate review. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-11060 Document: 00511515390 Page: 2 Date Filed: 06/21/2011 No. 10-11060 Although counsel has moved for remand to correct a clerical error in the judgment, the error has been resolved. The judgment was not properly uploaded to this court. As a result, several pages of the judgment, as it appeared in the paper and electronic appellate record, were blank. The completed judgment is now available in the appellate record. Accordingly, counsel s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. Counsel s motion for REMAND is DENIED AS MOOT. 2

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