USA v. Emma Lujan


UNPUBLISHED OPINION FILED.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]

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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

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