USA v. Jonathan Bergren

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 14-13319
Non-Argument Calendar
________________________
D.C. Docket No. 8:13-cr-00463-CEH-TBM-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHNATHAN BERGREN,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
________________________
(July 20, 2015)
Before WILLIAM PRYOR, JULIE CARNES and JILL PRYOR, Circuit Judges.
PER CURIAM:
Case: 14-13319 Date Filed: 07/20/2015 Page: 1 of 2

-- 1 of 2 --

2
Ron Smith, appointed counsel for Johnathan Bergren in this direct criminal
appeal, has moved to withdraw from further representation of the appellant and
filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18
L.Ed.2d 493 (1967). Our independent review of the entire record reveals that
counsel’s assessment of the relative merit of the appeal is correct. Because
independent examination of the entire record reveals no arguable issues of merit,
counsel’s motion to withdraw is GRANTED, and Bergren’s conviction and
sentence are AFFIRMED. However, the judgment of conviction contains a
clerical error, identifying Bergren’s conviction as a violation of 8 U.S.C. § 1349,
instead of 18 U.S.C. § 1349, as charged in Count One of the superseding
indictment. Accordingly, the judgment is VACATED and REMANDED to the
district court for the limited purpose of correcting this clerical error. See United
States v. Massey, 443 F.3d 814, 822 (11th Cir. 2006).
Case: 14-13319 Date Filed: 07/20/2015 Page: 2 of 2

-- 2 of 2 --