United States v. Jordan Porter

Case: 15-11123 Document: 00513955763 Page: 1 Date Filed: 04/18/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-11123 Conference Calendar United States Court of Appeals Fifth Circuit FILED April 18, 2017 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. JORDAN MICHAEL PORTER, Defendant-Appellant Appeals from the United States District Court for the Northern District of Texas USDC No. 3:14-CR-270-1 Before KING, HAYNES, and GRAVES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jordan Michael Porter 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). Porter has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-11123 Document: 00513955763 Page: 2 Date Filed: 04/18/2017 No. 15-11123 concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Our review reveals a clerical error in the judgment. The judgment states that Porter pleaded guilty to Count 1 of the indictment when he pleaded guilty to Count 1 of the superseding information. 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 the limited purpose of correcting the clerical error in the judgment. See FED. R. CRIM. P. 36. 2