USA v. Javier Gradando
UNPUBLISHED OPINION FILED.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]
Date Filed: 03/24/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
March 24, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA,
JAVIER ANTONIE GRADANDOS, also known as Javi, also known as Javier
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 03/24/2017
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
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).
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?