USA v. Salazar-Sanchez, No. 22-10463 (5th Cir. 2022)
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Case: 22-10463 Document: 00516571797 Page: 1 Date Filed: 12/08/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED December 8, 2022 No. 22-10463 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Jose Salazar-Sanchez, Defendant—Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 4:21-CR-169-1 Before Smith, Dennis, and Southwick, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Jose SalazarSanchez 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). Salazar-Sanchez has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-10463 Document: 00516571797 Page: 2 Date Filed: 12/08/2022 No. 22-10463 therein. We concur with counsel’s assessment that the appeal presents no 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. However, we note that, although Salazar-Sanchez pled guilty to an offense under 21 U.S.C. § 841, the written judgment incorrectly cites 21 U.S.C. § 846. Accordingly, we REMAND for correction of the clerical error in the written judgment in accordance with Federal Rule of Criminal Procedure 36. See United States v. Cooper, 979 F.3d 1084, 1088-89 (5th Cir. 2020). 2
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