USA v. Lazaro Martinez-Padron

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
FEB 26, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 09-11337
Non-Argument Calendar
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D. C. Docket No. 08-20598-CR-DLG
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LAZARO MARTINEZ-PADRON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(February 26, 1010)
Before DUBINA, Chief Judge, BIRCH and ANDERSON, Circuit Judges.
PER CURIAM:
Manuel Vazquez, appointed counsel for Lazaro Martinez-Padron in this

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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 Martinez’s convictions and
sentences are AFFIRMED.
However, we notice a clerical error in Martinez-Padron’s written judgment.
The district court orally sentenced Martinez-Padron to 63 months’ imprisonment,
but the written judgment states that he received a sentence of 60 months. Since the
oral pronouncement controls, see United States v. Khoury, 901 F.2d 975, 977 (11th
Cir. 1990), we VACATE the written judgment and REMAND for the district
court to enter a new judgment stating that Martinez-Padron received a sentence of
63 months’ imprisonment. See Fed.R.Crim.P. 36.
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