USA v. Lyons, No. 22-20175 (5th Cir. 2022)

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Case: 22-20175 Document: 00516555934 Page: 1 Date Filed: 11/23/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 22-20175 Summary Calendar November 23, 2022 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Terrell Lyons, Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 4:20-CR-424-1 Before Jolly, Jones, and Ho, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Terrell Lyons 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). Lyons has not filed a response. We have reviewed * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 22-20175 Document: 00516555934 Page: 2 Date Filed: 11/23/2022 No. 22-20175 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. 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. As counsel asserts, however, there is a clerical error in the written judgment. The written judgment does not reflect the district court’s oral recommendation that Lyons participate in mental health treatment while incarcerated. 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. Powell, 354 F.3d 362, 371-72 (5th Cir. 2003). 2

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