USA v. Javier Gradando

Filing

UNPUBLISHED OPINION FILED. [15-41019 Dismissed as Frivolous and Remanded] Judge: EGJ, Judge: LHS, Judge: SAH. Mandate pull date is 04/14/2017 for Appellant Javier Antonie Gradandos; granting motion to withdraw as counsel filed by Mr. Brett Evan Ordiway, Esq. [8166186-2] [15-41019]

Case: 15-41019

Document: 00513925802

Page: 1

Date Filed: 03/24/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-41019
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
March 24, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.

JAVIER ANTONIE GRADANDOS, also known as Javi, also known as Javier
Antonie Granados,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:13-CR-281-4
Before JOLLY, SOUTHWICK, and HIGGINSON, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Javier Antonie Gradandos has
moved for leave to withdraw and has filed a brief in accordance with Anders v.
California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th
Cir. 2011). Gradandos has not filed a response. We have reviewed counsel’s
brief and supplemental letter, along with the relevant portions of the record

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

Case: 15-41019

Document: 00513925802

Page: 2

Date Filed: 03/24/2017

No. 15-41019
reflected therein.

We concur with counsel’s assessment that the appeal

presents no nonfrivolous issue for appellate review. 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.
The record reflects a clerical error in the written judgment. Although
the judgment refers to the offense of conviction as conspiracy to possess with
intent to manufacture and distribute methamphetamine, the body of the
indictment and signed factual basis reflect that Gradandos pleaded guilty to
conspiracy

to

possess

with

intent

to

distribute

methamphetamine.

Accordingly, we REMAND for the limited purpose of correction of the clerical
error in the written judgment in accordance with Federal Rule of Criminal
Procedure 36. See United States v. Higgins, 739 F.3d 733, 739 n.16 (5th Cir.
2014); United States v. Rosales, 448 F. App’x 466, 466-67 (5th Cir. 2011).

2