USA v. David Manning

Filing

UNPUBLISHED OPINION FILED. [16-51189 Dismissed as Frivolous and Remanded] Judge: WED , Judge: LHS , Judge: SAH Mandate pull date is 06/23/2017 for Appellant David Manning; granting motion to withdraw as counsel filed by Ms. Kimberly S. Keller [8386990-2] [16-51189]

Case: 16-51189

Document: 00514018326

Page: 1

Date Filed: 06/02/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-51189
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
June 2, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DAVID MANNING,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:16-CR-103-1

Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent David Manning 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).
Manning has not filed a response. We have reviewed counsel’s brief and the
relevant portions of the record reflected therein. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-51189

Document: 00514018326

Page: 2

Date Filed: 06/02/2017

No. 16-51189
Our review reveals a clerical error in the judgment. Manning pleaded
guilty to attempted possession with intent to distribute methamphetamine.
The judgment correctly describes the nature of the offense, but it incorrectly
lists the applicable statutory provisions as 21 U.S.C. § 841(a)(1) and (b)(1)(C)
rather than 21 U.S.C. §§ 846 and 841(b)(1)(C).
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. This matter is REMANDED for the limited
purpose of correcting the clerical error in the judgment. See FED. R. CRIM.
P. 36.

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