U.S. Court of Appeals for the Fifth Circuit, 2022

United States v. Stiff

United States v. Stiff
U.S. Court of Appeals for the Fifth Circuit · Decided September 2, 2022

United States v. Stiff

Opinion

Case: 21-10997 Document: 00516457572 Page: 1 Date Filed: 09/02/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED September 2, 2022 No. 21-10997 Lyle W. Cayce Summary Calendar Clerk

United States of America, Plaintiff—Appellee, versus Vernon Ray Stiff, Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas No. 3:20-CR-32-10

Before Smith, Dennis, and Southwick, Circuit Judges.

Per Curiam:* The attorney appointed to represent Vernon Stiff has moved to with- draw and has filed a brief per Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Stiff has filed a response.

The record is not sufficiently developed so as fairly to evaluate Stiff’s claim of ineffective assistance of counsel; we therefore decline to consider the

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circum- stances set forth in 5th Circuit Rule 47.5.4.

Case: 21-10997 Document: 00516457572 Page: 2 Date Filed: 09/02/2022

No. 21-10997

claim, but without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).

We have reviewed counsel’s brief, relevant portions of the record, and Stiff’s response. We concur with counsel’s assessment that the appeal pre- sents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsi- bilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2.

There is a clerical error in the written judgment. Stiff was indicted for, and pleaded guilty to, a violation of 21 U.S.C. §§ 846 and 841(a)(1) and (b)(1)(A). The written judgement incorrectly lists those sections as being part of Title 18 instead of Title 21. Accordingly, we REMAND for the lim- ited purpose of correcting that error. See Fed. R. Crim. P. 36.

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