[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 21-12695

Non-Argument Calendar

____________________

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

versus

DEMONTE EASLEY, 

Defendant-Appellant.

____________________

Appeal from the United States District Court

for the Northern District of Florida

D.C. Docket No. 3:20-cr-00040-TKW-5

____________________

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2 Opinion of the Court 21-12695

Before JORDAN, NEWSOM, and GRANT, Circuit Judges.

PER CURIAM:

Sheryl Lowenthal, appointed counsel for Demonte Easley 

on 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 (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, we grant counsel’s 

motion to withdraw and affirm Easley’s convictions and sentences.

In coming to this conclusion, we have considered Mr. Easley’s response to his counsel’s motion to withdraw. The problem 

for Mr. Easley is that we have held that possession of a controlled 

substance with intent to distribute in violation of Fla. Stat. § 893.13 

constitutes a “serious drug offense” under 18 U.S.C. § 924(e)(2)(A) 

(defining a “serious drug offense” in part as an offense under state 

law “involving manufacturing, distributing, or possession with intent to manufacture or distribute a controlled substance”). See 

United States v. Smith, 775 F.3d 1262, 1267-68 (11th Cir. 2014); 

United States v. Jackson, 55 F.4th 846, 861-62 (11th Cir. 2022). And, 

as we noted in Jackson, the Supreme Court has affirmed one of our 

decisions holding that a conviction under § 893.13 is a “serious drug 

offense.” See Shular v. United States, 140 S.Ct. 779, 784, 787 (2020). 

Mr. Easley’s prior convictions under § 893.13 for distribution of 

crack cocaine within 1,000 feet of a place of worship and for 

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21-12695 Opinion of the Court 3

possession of crack cocaine with intent to distribute therefore constituted ACCA predicate offenses. 

Although we grant the motion to withdraw and affirm Easley’s convictions and sentences, there is a clerical error in his final 

judgment of conviction. We may sua sponte raise the issue of a 

clerical error in a judgment and remand with instructions to correct 

the error. See United States v. Massey, 443 F.3d 814, 822 (11th Cir. 

2006). The superseding indictment and Easley’s plea agreement 

state in Count 1 that Easley violated 21 U.S.C. § 846 by conspiring 

to possess with intent to distribute controlled substances. However, the district court lists 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(viii), 

and 841(b)(1)(B)(i), as the statutes of conviction on Count 1. Section 846 punishes conspiracy to possess with intent to distribute 

controlled substances, and the district court’s omission of a citation 

to it appears to be a clerical error. Thus, we remand to the district 

court with instructions to amend the judgment of conviction to 

correct the clerical error. 

Motion to withdraw GRANTED, convictions and sentences 

AFFIRMED, and REMANDED for the limited purpose of correcting the judgment. 

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UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

ELBERT PARR TUTTLE COURT OF APPEALS BUILDING

56 Forsyth Street, N.W.

Atlanta, Georgia 30303

David J. Smith

Clerk of Court 

February 09, 2023

For rules and forms visit

www.ca11.uscourts.gov

MEMORANDUM TO COUNSEL OR PARTIES

Appeal Number: 21-12695-GG

Case Style: USA v. Demonte Easley

District Court Docket No: 3:20-cr-00040-TKW-5

Electronic Filing

All counsel must file documents electronically using the Electronic Case Files ("ECF") system, 

unless exempted for good cause. Although not required, non-incarcerated pro se parties are 

permitted to use the ECF system by registering for an account at www.pacer.gov. Information 

and training materials related to electronic filing are available on the Court's website.

Enclosed is a copy of the court's decision filed today in this appeal. Judgment has this day been 

entered pursuant to FRAP 36. The court's mandate will issue at a later date in accordance with 

FRAP 41(b).

The time for filing a petition for rehearing is governed by 11th Cir. R. 40-3, and the time for 

filing a petition for rehearing en banc is governed by 11th Cir. R. 35-2. Except as otherwise 

provided by FRAP 25(a) for inmate filings, a petition for rehearing or for rehearing en banc is 

timely only if received in the clerk's office within the time specified in the rules. Costs are 

governed by FRAP 39 and 11th Cir.R. 39-1. The timing, format, and content of a motion for 

attorney's fees and an objection thereto is governed by 11th Cir. R. 39-2 and 39-3.

Please note that a petition for rehearing en banc must include in the Certificate of Interested 

Persons a complete list of all persons and entities listed on all certificates previously filed by 

any party in the appeal. See 11th Cir. R. 26.1-1. In addition, a copy of the opinion sought to be 

reheard must be included in any petition for rehearing or petition for rehearing en banc. See

11th Cir. R. 35-5(k) and 40-1 .

Counsel appointed under the Criminal Justice Act (CJA) must submit a voucher claiming 

compensation for time spent on the appeal no later than 60 days after either issuance of mandate 

or filing with the U.S. Supreme Court of a petition for writ of certiorari (whichever is later) via 

the eVoucher system. Please contact the CJA Team at (404) 335-6167 or 

cja_evoucher@ca11.uscourts.gov for questions regarding CJA vouchers or the eVoucher 

system.

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Clerk's Office Phone Numbers

General Information 404-335-6100

New / Before Briefing Cases 404-335-6135

Cases in Briefing / After Opinion 404-335-6130

Cases Set for Oral Argument 404-335-6141

Capital Cases 404-335-6200

Attorney Admissions 404-335-6122

CM/ECF Help Desk 404-335-6125

OPIN-1 Ntc of Issuance of Opinion

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