USA v. Alfonso Gonzalez, No. 12-20310 (5th Cir. 2013)

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Case: 12-20310 Document: 00512344134 Page: 1 Date Filed: 08/16/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-20310 Summary Calendar August 16, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ALFONSO GONZALEZ, also known as Flaco, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:10-CR-696-2 Before KING, DAVIS, and ELROD, Circuit Judges. PER CURIAM:* The attorney appointed to represent Alfonso Gonzalez 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). Gonzalez has not filed a response. Counsel s motion to supplement the record on appeal with the amended judgment and for this court to reconsider the Anders brief and motion to withdraw is GRANTED. We have reviewed counsel s brief and the relevant portions of the record reflected therein. We concur with * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-20310 Document: 00512344134 Page: 2 Date Filed: 08/16/2013 No. 12-20310 counsel s assessment that the appeal presents no nonfrivolous issue for appellate review. The record does reveal a clerical error in the judgment. The written judgment provides, confusingly, as to count three, that Gonzalez was convicted of [c]onspiracy to possess a firearm in relation to a drug trafficking offense. See United States v. Cooper, 714 F.3d 873, 877 (5th Cir. 2013). Count three of the indictment charged Gonzalez with conspiracy to use and carry a firearm during and in relation to a drug trafficking crime, as set forth in counts one and two, and to possess the firearm in furtherance of such crimes, and Gonzalez pleaded guilty to the offense charged in the indictment. The judgment should be corrected to properly identify the offense of conviction on count three. 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. This matter is REMANDED for correction of the clerical error pursuant to Federal Rule of Criminal Procedure 36. 2