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UNPUBLISHED OPINION FILED.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]

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Case: 16-51046 Document: 00513967482 Page: 1 Date Filed: 04/25/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-51046 Summary Calendar FILED April 25, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOEL ESTRADA-FERNANDEZ, Defendant-Appellant 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 16-51046 Document: 00513967482 Page: 2 Date Filed: 04/25/2017 No. 16-51046 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 this recommendation. 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. 2

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