United States v. Cortinas-Gamino

* 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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40116
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JACINTO CORTINAS-GAMINO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-99-CR-385-01
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August 23, 2000
Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Jacinto
Cortinas-Gamino has moved to withdraw and has filed a brief as
required by Anders v. California, 386 U.S. 738 (1967). Cortinas-
Gamino has not filed a response.
Our independent review of the brief and the record discloses
no nonfrivolous issue for appeal. Accordingly, counsel’s motion
for leave to withdraw is GRANTED, counsel is excused from further
responsibilities herein, and the APPEAL IS DISMISSED.

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No. 00-40116
-2-
The case is remanded, pursuant to Fed. R. Crim. P. 36, for
the purpose of correcting a clerical error in the judgment. The
amended judgment should clarify and/or correct the provision
regarding the nature of Cortinas-Gamino’s offense of conviction
to state that he pleaded guilty to unlawful attempted re-entry to
the United States after deportation.
MOTION GRANTED; APPEAL DISMISSED; REMANDED FOR CORRECTION OF
CLERICAL ERROR.

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