Opinion
20-10265
06-16-2021
United States of America, Plaintiff-Appellee, v. Anne Victoria McLean, Defendant-Appellant.
Appeal from the United States District Court for the Northern District of Texas USDC No. 1:19-CR-79-1
Before Dennis, Costa, and Engelhardt, Circuit Judges.
Per Curiam [*]
The attorney appointed to represent Anne Victoria McLean 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). McLean 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 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 5th Cir. R. 42.2.
Our review has detected a clerical error in the written judgment. The judgment refers to the offense of conviction as "Possession With Intent To Distribute Fifty Grams Or More Of Methamphetamine," but the record reflects that McLean was charged with and pleaded guilty to possession with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine. See 21 U.S.C. § 841(a), (b)(1)(B)(viii). 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. [*] Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.