Case: 16-10760 Document: 00513955858 Page: 1 Date Filed: 04/18/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-10760
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
April 18, 2017
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
MIGUEL RANGEL-VIEYRA,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:15-CR-260-1
Before KING, HAYNES, and GRAVES, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Miguel Rangel-
Vieyra 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). Rangel-Vieyra has not filed a response. We have reviewed
counsel’s brief and the relevant portions of the record reflected therein.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-10760 Document: 00513955858 Page: 2 Date Filed: 04/18/2017
No. 16-10760
The judgment reflects that Rangel-Vieyra was convicted under 8 U.S.C.
§ 1326(b)(2), but the addendum to the presentence report, which the district
court adopted, found that, though Rangel-Vieyra had a prior felony conviction,
he did not have a prior aggravated felony conviction and thus that subsection
(b)(1) applied. Accordingly, the judgment of the district court is REFORMED
to show that Rangel-Vieyra was convicted and sentenced under 8 U.S.C.
§ 1326(a) and (b)(1). See United States v. Mondragon-Santiago, 564 F.3d 357,
367-69 (5th Cir. 2009). 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.
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