USA v. Celso Guerra, No. 12-15704 (11th Cir. 2013)
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Case: 12-15704 Date Filed: 08/28/2013 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-15704 Non-Argument Calendar ________________________ D.C. Docket No. 4:08-cr-00029-RH-CAS-1 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CELSO GUERRA, Defendant - Appellant. ________________________ Appeal from the United States District Court for the Northern District of Florida ________________________ (August 28, 2013) Before HULL, JORDAN and HILL, Circuit Judges. PER CURIAM: William E. Bubsey, appointed counsel for Celso Guerra in this appeal, has moved to withdraw from further representation of the appellant and filed a brief Case: 12-15704 Date Filed: 08/28/2013 Page: 2 of 2 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 merits 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 Guerra s convictions and sentences in the instant case are AFFIRMED. However, there appears to be a typographical error in the judgment for the instant case. Guerra s statutes of conviction are listed as, in part 21 U.S.C. § 841(b)(1)(A)(vii), in count one and 21 U.S.C. § 841(b)(1)(A)(iii), in count three. It appears that both statutes should instead refer to 21 U.S.C. § 841(b)(1)(A)(viii). Accordingly, the judgment is VACATED and the case is REMANDED for the limited purpose of correcting a clerical error in the judgment. See United States v. Massey, 443 F.3d 814, 822 (11th Cir. 2006). 2
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