USA v. Miguel Jaimes-Jurado


UNPUBLISHED OPINION FILED. [16-51395 Dismissed as Frivolous/Remanded] Judge: CDK , Judge: JWE , Judge: SAH Mandate pull date is 08/18/2017 for Appellant Miguel Angel Jaimes-Jurado; granting motion to withdraw as counsel filed by Mr. Gregory Don Sherwood, Esq. [8440920-2] [16-51395]

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Case: 16-51395 Document: 00514092961 Page: 1 Date Filed: 07/28/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-51395 Summary Calendar United States Court of Appeals Fif h Circuit FILED July 28, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MIGUEL ANGEL JAIMES-JURADO, also known as Migual Token, also known as Angel Ruiz, also known as Tony Martinez, also known as Token, also known as Miguel Jaimes Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 1:16-CR-167-1 Before KING, ELROD, and HIGGINSON, Circuit Judges. PER CURIAM: * The attorney appointed to represent Miguel Angel Jaimes-Jurado 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). Jaimes-Jurado has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-51395 Document: 00514092961 Page: 2 Date Filed: 07/28/2017 No. 16-51395 concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. However, there exists a clerical error in the written judgment. The written judgment reflects that Jaimes-Jurado was convicted under “8 U.S.C. § 13263(a) and (b)(2).” The correct statute of conviction is § 1326. 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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