United States v. McWilliams

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-50705
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

TIMOTHY CHASE MCWILLIAMS,

Defendant-Appellant

Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:18-CR-266-1

Before STEWART, DENNIS, and HO, Circuit Judges.
PER CURIAM:
*

The attorney appointed to represent Timothy Chase McWilliams 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). McWilliams has not filed a response. We have reviewed counsel’s
brief and the relevant portions of the record reflected therein. We concur with

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
April 14, 2020

Lyle W. Cayce
Clerk
Case: 19-50705 Document: 00515380982 Page: 1 Date Filed: 04/14/2020

No. 19-50705
2
counsel’s assessment that the appeal presents no nonfrivolous issue for
appellate review.
There is a clerical error in the judgment. The written judgment states
that McWilliams was convicted of possession of 50 grams or more of actual
methamphetamine. McWilliams pleaded guilty to possession with intent to
distribute 50 grams or more of actual methamphetamine. The written
judgment should be corrected to accurately reflect the offense of conviction.
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. This matter is REMANDED for correction
of the clerical error pursuant to Federal Rule of Criminal Procedure 36.
Case: 19-50705 Document: 00515380982 Page: 2 Date Filed: 04/14/2020