United States v. Castro

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-11247
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ZACHARIAH EFRAIN CASTRO,

Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:19-CR-43-1

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

The Federal Public Defender appointed to represent Zachariah Efrain
Castro 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). Castro 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 nonfrivolous

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
May 20, 2020

Lyle W. Cayce
Clerk
Case: 19-11247 Document: 00515422566 Page: 1 Date Filed: 05/20/2020

No. 19-11247
2
issue for appellate review. However, we note that the judgment incorrectly
refers to 21 U.S.C. § 841(v)(1)(A)(viii), a nonexistent section, instead of
§ 841(b)(1)(A)(viii), as correctly set forth in the indictment to which Castro
pleaded guilty. Accordingly, counsel’s motion for leave to withdraw is
GRANTED, counsel is excused from further responsibilities herein, and the
APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. This case is REMANDED to
the district court for the limited purpose of correcting the clerical error in the
judgment.
Case: 19-11247 Document: 00515422566 Page: 2 Date Filed: 05/20/2020