United States v. Koch

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-40119
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

SCOTT ALVIN KOCH,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 6:18-CR-24-1

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.
PER CURIAM:
*

The Federal Public Defender appointed to represent Scott Alvin Koch
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). Koch has not filed a response. We have reviewed counsel’s
brief and the relevant portions of the record reflected therein. We concur with
counsel’s assessment that the appeal presents no nonfrivolous issue for

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
January 24, 2020

Lyle W. Cayce
Clerk
Case: 19-40119 Document: 00515285096 Page: 1 Date Filed: 01/24/2020

No. 19-40119
2
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 5
TH CIR. R. 42.2.
We note, however, that there is a clerical error in the written judgment.
While Koch pleaded guilty to Count 2 of the superseding indictment, which
charged him with felony possession of a firearm, the written judgment
erroneously states that he was convicted of felony possession of a “Firearm and
Ammunition.” The words “and Ammunition” should be deleted from the
written judgment. Accordingly, we REMAND for correction of the clerical error
in the written judgment in accordance with Federal Rule of Criminal
Procedure 36.
Case: 19-40119 Document: 00515285096 Page: 2 Date Filed: 01/24/2020