USA v. Zachariah Castro, No. 19-11247 (5th Cir. 2020)

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Case: 19-11247 Document: 00515422566 Page: 1 Date Filed: 05/20/2020 IN THE UNITED STATES COURT OF APPEALS Court of Appeals FOR THE FIFTH CIRCUIT United States Fifth Circuit FILED May 20, 2020 No. 19-11247 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ZACHARIAH EFRAIN CASTRO, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 5:19-CR-43-1 Before JONES, HIGGINSON, and WILLETT, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Zachariah Efrain Castro 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). Castro 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 19-11247 Document: 00515422566 Page: 2 Date Filed: 05/20/2020 No. 19-11247 issue for appellate review. However, we note that the judgment incorrectly refers to 21 U.S.C. § 841(v)(1)(A)(viii), a nonexistent section, instead of § 841(b)(1)(A)(viii), as correctly set forth in the indictment to which Castro pleaded guilty. 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 case is REMANDED to the district court for the limited purpose of correcting the clerical error in the judgment. 2

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