Summary Calendar UNITED STATES OF AMERICA v. Joseph Lunares

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-51292
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JOSEPH LUNARES
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:06-CR-2509-ALL
Before WIENER, GARZA, and BENAVIDES, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Joseph Lunares has moved for leave
to withdraw and has filed a brief in accordance with Anders v. California, 386
U.S. 738 (1967). Lunares has not filed a response. Our independent review of
the record and counsel’s brief discloses no nonfrivolous issue for appeal.
The record does reveal a clerical error in the judgment. The judgment
reflects the offense of conviction for Count 1 of the indictment as importing 100
kilograms or more of marijuana, violations of 21 U.S.C. §§ 952 and 960.
United States Court of Appeals
Fifth Circuit
F I L E D
June 6, 2008
Charles R. Fulbruge III
Clerk

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No. 07-51292
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However, Lunares was charged in Count 1 of the indictment and pleaded guilty
to conspiracy to possess with intent to distribute 100 kilograms or more of
marijuana, violations of 21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(B)(vii).
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 correction
of the clerical error pursuant to FED. R. CRIM. P. 36.

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