United States v. Velazquez

United States Court of Appeals
for the Fifth Circuit

No. 20-10276
Conference Calendar

United States of America,

Plaintiff—Appellee,

versus

Juan Asael Velazquez, formerly known as Juan Asael
Velazquez-Benitez,

Defendant—Appellant.

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:19-CR-115-1

Before Smith, Stewart, and Higginson, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Juan Asael
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

*
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not be published and is not precedent except under the limited circumstances set forth in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
August 10, 2020

Lyle W. Cayce
Clerk
Case: 20-10276 Document: 00515520924 Page: 1 Date Filed: 08/10/2020

No. 20-10276
2
F.3d 229 (5th Cir. 2011). Velazquez has filed a response. We have reviewed
counsel’s brief and the relevant portions of the record reflected therein, as
well as Velazquez’s response. We concur with counsel’s assessment that the
appeal presents no nonfrivolous issue for appellate review. However, the
district court committed nonreversible error when it imposed judgment
under 8 U.S.C. § 1326(b)(2).
The judgment of the district court is therefore REFORMED to reflect
a conviction and sentence under 8 U.S.C. § 1326(b)(1). See United States v.
Mondragon-Santiago, 564 F.3d 357, 367-69 (5th Cir. 2009). 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: 20-10276 Document: 00515520924 Page: 2 Date Filed: 08/10/2020