USA v. Baker, No. 20-40863 (5th Cir. 2021)

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Case: 20-40863 Document: 00516095548 Page: 1 Date Filed: 11/16/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED November 16, 2021 No. 20-40863 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Latimer Laban Baker, Defendant—Appellant. Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:19-CR-33-1 Before King, Costa, and Ho, Circuit Judges. Per Curiam:* The attorney appointed to represent Latimer Laban Baker 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). Baker has not filed a response. We have reviewed counsel’s brief * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-40863 Document: 00516095548 Page: 2 Date Filed: 11/16/2021 No. 20-40863 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. Our review reveals a clerical error in the judgment. The district court found at sentencing that Baker did not have the ability to pay a fine and orally pronounced that it was waiving the fine in Baker’s case. The written judgment, however, imposes a $100 fine. 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 the limited purpose of correcting the clerical error in the judgment. See Fed. R. Crim. P. 36. 2

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