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U.S. v. Valladarez

United States Court of Appeals, Eleventh Circuit
Oct 19, 2010
400 F. App'x 535 (11th Cir. 2010)

Opinion

No. 09-12554 Non-Argument Calendar.

October 19, 2010.

Sanford A. Wallack, Sanford A. Wallack, P.C., Robert Alan Glickman, Atlanta, GA, for Defendants-Appellants.

Jeffrey Davis, Lawrence R. Sommerfeld, U.S. Attorney's Office, Atlanta, GA, for Plaintiff-Appellee.

Appeals from the United States District Court for the Northern District of Georgia. D.C. Docket No. 07-00145-CR-1-WSD.

Before DUBINA, Chief Judge, CARNES and MARCUS, Circuit Judges.


Robert Alan Glickman, appointed counsel for Nattu Julian Valladarez in this direct criminal appeal, has moved to withdraw from further representation of the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel's assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel's motion to withdraw is GRANTED.

Nevertheless, Valladarez's judgment indicated that he violated 18 U.S.C. § 1956(B)(i) and (B)(ii). Those sections, however, do not exist. See 18 U.S.C. § 1956. Instead, it appears that the district court committed a clerical error and intended to cite § 1956(a)(1)(B)(i) and (a)(1)(B)(ii). Accordingly, we affirm Valladarez's convictions and sentences, but we remand the case to the district court for the limited purpose of allowing the court to correct the clerical error in Valladarez's judgment. See United States v. Diaz, 190 F.3d 1247, 1251-53 (11th Cir. 1999) (vacating and remanding for the limited purpose of correcting clerical error in the defendant's judgment).

AFFIRMED IN PART, REMANDED IN PART.


Summaries of

U.S. v. Valladarez

United States Court of Appeals, Eleventh Circuit
Oct 19, 2010
400 F. App'x 535 (11th Cir. 2010)
Case details for

U.S. v. Valladarez

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Nattu Julian VALLADAREZ…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Oct 19, 2010

Citations

400 F. App'x 535 (11th Cir. 2010)