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UNPUBLISHED OPINION FILED.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]
Date Filed: 07/28/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fif h Circuit
July 28, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA,
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
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 07/28/2017
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.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?