Case: 13-10511 Document: 00512557812 Page: 1 Date Filed: 03/11/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-10511
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
March 11, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JOSE RAMOS,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:12-CR-213-1
Before WIENER, OWEN, and HAYNES, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Jose Ramos 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). Ramos has not filed a response. We have reviewed counsel’s brief
and the relevant portions of the record reflected therein. We concur with
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-10511 Document: 00512557812 Page: 2 Date Filed: 03/11/2014
No. 13-10511
counsel’s assessment that the appeal presents no nonfrivolous issue for
appellate review.
There is a clerical error in the judgment. The judgment states that
Ramos should be placed on supervised release “for a term of 12 months as to
Count 1 and 12 months as to Count 2, to run concurrently for a total of THREE
(3) years.” This statement is not only internally inconsistent but does not
accurately reflect the district court’s oral pronouncement of the sentence,
which stated simply that Ramos should serve three years of supervised release.
The judgment should be corrected to accurately reflect the term of supervised
release orally pronounced at sentencing.
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. This matter is REMANDED for correction
of the clerical error pursuant to Federal Rule of Criminal Procedure 36.
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