USA v. Medina-Rodriguez, No. 23-50597 (5th Cir. 2024)

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Case: 23-50597 Document: 42-1 Page: 1 Date Filed: 05/03/2024 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-50597 Summary Calendar ____________ FILED May 3, 2024 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Felipe Michelle Medina-Rodriguez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 2:22-CR-2536-1 ______________________________ Before Duncan, Wilson, and Ramirez, Circuit Judges. Per Curiam: * The attorney appointed to represent Felipe Michelle MedinaRodriguez 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). Medina-Rodriguez has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-50597 Document: 42-1 Page: 2 Date Filed: 05/03/2024 No. 23-50597 reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. However, we note that the order revoking Medina-Rodriguez’s supervised release contains a clerical error in that it states that he pleaded not true to the allegations in the petition to revoke although the record reflects that he pleaded true to those allegations. 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. The case is REMANDED to the district court for the limited purposed of correcting the revocation order to state that Medina-Rodriguez pleaded true to the pertinent allegations. See Fed. R. Crim. P. 36. 2

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