USA v. Joel Estrada-Fernandez
UNPUBLISHED OPINION FILED. [16-51046 Dismissed as Frivolous and Remanded to the district court for the limited purpose of correcting a clerical error in the judgment] Judge: PEH, Judge: ECP, Judge: CH. Mandate pull date is 05/16/2017 for Appellant Joel Estrada-Fernandez; granting motion to withdraw as counsel filed by Ms. Judy Fulmer Madewell [8367054-2] [16-51046]
Date Filed: 04/25/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
April 25, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA,
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:16-CR-164-1
Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Joel EstradaFernandez 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). Estrada-Fernandez has not filed a response. We have
reviewed counsel’s brief and the relevant portions of the record reflected
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 04/25/2017
therein. We concur with counsel’s assessment that the appeal presents no
nonfrivolous issue for appellate review.
Notwithstanding that determination, we note a clerical error in the
judgment. At sentencing, the district court agreed to recommend that EstradaFernandez be placed in a facility in Post, Texas. The judgment does not contain
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. The case is REMANDED to the district
court for the limited purpose of correcting a clerical error in the judgment.
See FED. R. CRIM. P. 36.
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