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UNITED STATES of America, Plaintiff-Appellee v. Miguel RANGEL-VIEYRA, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2017-04-18No. No. 16-10760 Conference Calendar
686 F. App'x 272

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Opinion

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PER CURIAM:

The Federal Public Defender appointed to represent Miguel Rangel-Vieyra 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). Ran-gel-Vieyra has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein.

The judgment reflects that Rangel-Viey-ra was convicted under 8 U.S.C. § 1326(b)(2), but the addendum to the pre-sentence report, which the district court adopted, found that, though Rangel-Vieyra had a prior felony conviction, he did not have a prior aggravated felony conviction and thus that subsection (b)(1) applied. Accordingly, the judgment of the district court is REFORMED to show that Ran-gel-Vieyra was convicted and sentenced under 8 U.S.C. § 1326(a) and (b)(1). See United States v. Mondragon-Santiago, 564 F.3d 357, 367-69 (5th Cir. 2009). 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.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.