USA v. Jorge Encinas, No. 11-50530 (5th Cir. 2012)

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Case: 11-50530 Document: 00511824641 Page: 1 Date Filed: 04/17/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-50530 Conference Calendar April 17, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JORGE ISAAC ENCINAS, also known as Gordo, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:10-CR-2337-4 Before JONES, Chief Judge, and JOLLY and SMITH, Circuit Judges. PER CURIAM:* The attorney appointed to represent Jorge Isaac Encinas 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). Encinas 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-50530 Document: 00511824641 Page: 2 Date Filed: 04/17/2012 No. 11-50530 The record does reveal a clerical error in the judgment. The judgment should be corrected to reflect that Encinas pleaded guilty to and was convicted of conspiring to possess with intent to distribute 500 grams, not 500 kilograms, or more of methamphetamine. 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 case is REMANDED for correction of the clerical error pursuant to Federal Rule of Criminal Procedure 36. 2

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