USA v. Emma Lujan

Filing

UNPUBLISHED OPINION FILED. [17-50103 Dismissed as Frivolous and Remanded] Judge: TMR, Judge: ECP, Judge: JEG. Mandate pull date is 10/31/2017 for Appellant Emma Delia Lujan; granting motion to withdraw as counsel filed by Mr. Bradford W. Bogan [8508366-2] [17-50103]

Case: 17-50103

Document: 00514189765

Page: 1

Date Filed: 10/10/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 17-50103
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
October 10, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
EMMA DELIA LUJAN,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:16-CR-373-1
Before REAVLEY, PRADO, and GRAVES, Circuit Judges.
PER CURIAM: *

The Federal Public Defender appointed to represent Emma Delia Lujan
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). Lujan has not filed a response.
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein.

We concur with counsel’s assessment that the appeal

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-50103

Document: 00514189765

Page: 2

Date Filed: 10/10/2017

No. 17-50103
presents no nonfrivolous issue for appellate review. Accordingly, the 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 record reflects a clerical error in the written judgment. Although
the judgment refers to the offense of conviction as possession of marijuana, the
record reflects that Lujan pleaded guilty to possession with intent to distribute
marijuana. Accordingly, we REMAND for the limited purpose of correction of
the clerical error in the written judgment in accordance with Federal Rule of
Criminal Procedure 36.

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