Case: 20-10631 Document: 00515916644 Page: 1 Date Filed: 06/28/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 28, 2021
No. 20-10631
Lyle W. Cayce
Conference Calendar
Clerk
United States of America,
Plaintiff—Appellee,
versus
Robert Anthony Vernon,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:19-CR-61-7
Before Jones, Clement, and Haynes, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Robert Anthony Vernon 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). Vernon has not filed a response. We have reviewed counsel’s
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 20-10631 Document: 00515916644 Page: 2 Date Filed: 06/28/2021
No. 20-10631
brief and the relevant portions of the record reflected therein. We concur
with counsel’s assessment that the appeal presents no nonfrivolous issue for
appellate review. 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.
We would normally dismiss the appeal following this determination.
However, in this case, the record reflects a clerical error in the written
judgment. Although the judgment refers to the offense of conviction as
distribution and possession with intent to distribute heroin, the record
indicates that Vernon pleaded guilty to possession with intent to distribute
heroin. 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