Case: 11-30227 Document: 00511893979 Page: 1 Date Filed: 06/20/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 20, 2012
No. 11-30227
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
CARLOS HURTADO-VALOIS,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:10-CR-40-2
Before KING, JOLLY, and GRAVES, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Carlos Hurtado-Valois 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).
Hurtado-Valois has filed a response. We have reviewed counsel’s brief and the
relevant portions of the record reflected therein, as well as Hurtado-Valois’s
response. We concur with counsel’s assessment that the appeal presents no
nonfrivolous issue for appellate review.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-30227 Document: 00511893979 Page: 2 Date Filed: 06/20/2012
No. 11-30227
The record does reveal a clerical error in the judgment with respect to the
statute of conviction cited for count five. The judgment should be corrected to
reflect that Hurtado-Valois was convicted of illegal entry in violation of 8 U.S.C.
§ 1325. See FED. R. CRIM. P. 36.
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.
2