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UNITED STATES of America, Plaintiff-Appellee v. Maria Isabel MARTINEZ, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2017-03-22No. No. 16-40874 Summary Calendar
682 F. App'x 348

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Opinion

majority opinion

PER CURIAM:

The Federal Public Defender appointed to represent Maria Isabel Martinez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Martinez 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 issue for appellate review. However, we note that the judgment incorrectly refers to 8 U.S.C. § 1324(a)(l)(A)(v)(iii), instead of § 1324(a)(l)(A)(iii), as correctly set forth in the superseding indictment to which Martinez 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.

Pursuant to 5th Cm. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cm. R. 47.5.4.