United States v. Petrak

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-10675
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff–Appellee,

v.

GLENN LEE PETRAK,

Defendant–Appellant.

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:18-CR-91-1

Before JONES, HIGGINSON, and WILLETT, Circuit Judges.
PER CURIAM:
*

The attorney appointed to represent Glenn Lee Petrak 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).
Petrak 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

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
February 7, 2020

Lyle W. Cayce
Clerk
Case: 19-10675 Document: 00515302590 Page: 1 Date Filed: 02/07/2020

No. 19-10675
2
assessment that the appeal presents no nonfrivolous issue for 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.
The record reflects a clerical error in the written judgment. Although the
judgment refers to the offense of conviction as conspiracy to distribute and
possess with intent to distribute 500 grams or more of methamphetamine, the
record indicates that Petrak pleaded guilty to conspiracy to possess with intent
to distribute methamphetamine. Accordingly, we REMAND for the limited
purpose of correction of the clerical error in the written judgment in accordance
with Federal Rule of Criminal Procedure 36.
Case: 19-10675 Document: 00515302590 Page: 2 Date Filed: 02/07/2020