History
  • No items yet
midpage
United States v. Chadrick Waters
702 F. App'x 235
| 5th Cir. | 2017
|
Check Treatment
|
Docket
Case Information

*1 Before JOLLY, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: [*]

The attorney appointed to represent Chadrick Waters has moved for leave to withdraw and has filed briefs in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Waters has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Waters’s claim of ineffective assistance of *2 Case: 16-51084 Document: 00514242610 Page: 2 Date Filed: 11/17/2017

No. 16-51084

counsel; we therefore decline to consider the claim without prejudice to collateral review. See United States v. Isgar , 739 F.3d 829, 841 (5th Cir. 2014).

We have reviewed counsel’s briefs and the relevant portions of the record reflected therein, as well as Waters’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review.

Our review reveals a clerical error in the judgment, which fails to reflect the dismissal of certain counts of the indictment and superseding indictment. The record shows that Waters was convicted and sentenced on Count Four of the superseding indictment and that the remaining counts were dismissed. The amended judgment should therefore reflect that the remaining counts were dismissed on the Government’s motion. See United States v. Powell , 354 F.3d 362, 371-72 (5th Cir. 2003).

Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR . R. 42.2. Waters’s motion to appoint new counsel is DENIED. See United States v. Wagner , 158 F.3d 901, 902-03 (5th Cir. 1998). The case is REMANDED for the limited purpose of correcting the clerical error in the judgment. See F ED . R. C RIM . P. 36.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Chadrick Waters
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Nov 17, 2017
Citation: 702 F. App'x 235
Docket Number: 16-51084 Summary Calendar
Court Abbreviation: 5th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.