United States v. Tovar-Velazquez

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-40800
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

RIGOBERTO TOVAR-VELAZQUEZ, agent of Rigoberto Tovar-Velasquez,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:19-CR-837-1

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

The Federal Public Defender appointed to represent Rigoberto Tovar-
Velazquez 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). Tovar-Velazquez 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

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
June 11, 2020

Lyle W. Cayce
Clerk
Case: 19-40800 Document: 00515449001 Page: 1 Date Filed: 06/11/2020

No. 19-40800
2
nonfrivolous issue for appellate review, while we disagree that a limited
remand is appropriate for correction of a purported clerical error in the written
statement of reasons. 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.
Case: 19-40800 Document: 00515449001 Page: 2 Date Filed: 06/11/2020