USA v. Pasquale Holt

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-13524
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PASQUALE O. HOLT,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:10-cr-00167-RAL-MAP-1
____________________
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2 Opinion of the Court 22-13524
Before NEWSOM , GRANT, and B RASHER , Circuit Judges.
PER CURIAM:
Meghan Ann Collins, appointed counsel for Pasquale Holt
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 (1967).
“When a sentence pronounced orally and unambiguously
conflicts with the written order of judgment, the oral pronounce-
ment governs.” United States v. Bates, 213 F.3d 1336, 1340 (11th Cir.
2000). The remedy for a conflict between an orally pronounced
sentence and the written judgment is a limited remand with in-
structions to amend the judgment to conform to the oral pro-
nouncement. United States v. Chavez, 204 F.3d 1305, 1316 (11th Cir.
2000).
Here, the written judgment unambiguously contradicts the
oral pronouncement. At Holt’s revocation hearing, the district
court explicitly stated that Holt’s special conditions of supervised
release were to carry over without any modification, but the writ-
ten judgment imposes a special condition prohibiting Holt from
having direct contact with minors and from entering areas where
children congregate that was not present in his prior judgments.
Aside from this clerical error, 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
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22-13524 Opinion of the Court 3
to withdraw is GRANTED, Holt’s revocation of supervised release
and sentence are AFFIRMED, and we REMAND to the district
court for the limited purpose of correcting the judgment to con-
form with the oral pronouncement as to Holt’s special conditions
of supervised release.
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