U.S. v. MARTINEZ-PADRON, 368 Fed.Appx. 55 (11th Cir. 2010)

No. 09-11337 Non-Argument Calendar.United States Court of Appeals, Eleventh Circuit.
February 26, 2010.

Appeal from the United States District Court for the Southern District of Florida. D.C. Docket No. 08-20598-CR-DLG.

Before DUBINA, Chief Judge, BIRCH and ANDERSON, Circuit Judges.

PER CURIAM:

Manuel Vazquez, appointed counsel for Lazaro Martinez-Padron 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 isGRANTED, and Martinez’s convictions and sentences areAFFIRMED.

However, we notice a clerical error in Martinez-Padron’s written judgment. The district court orally sentenced Martinez-Padron to 63 months’ imprisonment, but the written judgment states that he received a sentence of 60 months. Since the oral pronouncement controls, see United States v. Khoury, 901 F.2d 975, 977 (11th Cir. 1990), weVACATE the written judgment and REMAND for the district court to enter a new judgment stating that Martinez-Padron received a sentence of 63 months’ imprisonment see Fed.R.Crim.P.36.