USA v. Gonzalo Mejia-Aguirre, No. 18-50323 (5th Cir. 2018)

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Case: 18-50323 Document: 00514684067 Page: 1 Date Filed: 10/16/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 18-50323 Conference Calendar United States Court of Appeals Fifth Circuit FILED October 16, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GONZALO MEJIA-AGUIRRE, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:17-CR-1042-1 Before REAVLEY, OWEN, and GRAVES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Gonzalo MejiaAguirre 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). Mejia-Aguirre 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-50323 Document: 00514684067 Page: 2 Date Filed: 10/16/2018 No. 18-50323 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. The record reflects a clerical error in the written judgment. Supervised release standard condition number 17 states that Mejia-Aguirre “shall not legally reenter the United States” instead of stating that he “shall not illegally reenter the United States.” Accordingly, we REMAND for the limited purpose of correction of the clerical error in the written judgment in accordance with Federal Rule of Criminal Procedure 36. 2

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