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United States v. Baquavious Rivers, 19-10090 (2019)

Court: Court of Appeals for the Fifth Circuit Number: 19-10090 Visitors: 11
Filed: Nov. 18, 2019
Latest Update: Mar. 03, 2020
Summary: Case: 19-10090 Document: 00515203471 Page: 1 Date Filed: 11/18/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 19-10090 Conference Calendar United States Court of Appeals Fifth Circuit FILED November 18, 2019 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. BAQUAVIOUS RIVERS, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:17-CR-460-10 Before HAYNES, DUNCAN, and ENGELHARDT, Circuit Judges. PER
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     Case: 19-10090      Document: 00515203471         Page: 1    Date Filed: 11/18/2019




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT


                                    No. 19-10090
                                 Conference Calendar
                                                                         United States Court of Appeals
                                                                                  Fifth Circuit

                                                                                FILED
                                                                        November 18, 2019
UNITED STATES OF AMERICA,
                                                                           Lyle W. Cayce
                                                                                Clerk
                                                 Plaintiff-Appellee

v.

BAQUAVIOUS RIVERS,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Northern District of Texas
                            USDC No. 3:17-CR-460-10


Before HAYNES, DUNCAN, and ENGELHARDT, Circuit Judges.
PER CURIAM: *
       The attorney appointed to represent Baquavious Rivers 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).
Rivers 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.


       * 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.
    Case: 19-10090    Document: 00515203471    Page: 2   Date Filed: 11/18/2019


                                No. 19-10090

      Our review reveals a clerical error in the written judgment concerning
the indictment to which Rivers pleaded guilty. The judgment erroneously
states that Rivers pleaded guilty to Count One of “the indictment filed on
September 12, 2017,” rather than Count One of the second superseding
indictment filed January 9, 2018.
      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 matter is REMANDED for the limited
purpose of correcting the clerical error in the judgment. See FED. R. CRIM. P.
36; United States v. Johnson, 
588 F.2d 961
, 964 (5th Cir. 1979).




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Source:  CourtListener

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