Case: 20-10255 Document: 00515816329 Page: 1 Date Filed: 04/09/2021
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
April 9, 2021
No. 20-10255 Lyle W. Cayce
Conference Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Kevin Jerome Bibbs,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:19-CR-61-4
Before Dennis, Costa, and Engelhardt, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Kevin Jerome Bibbs 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). Bibbs has filed a response. We have reviewed counsel’s brief and
*
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opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 20-10255 Document: 00515816329 Page: 2 Date Filed: 04/09/2021
No. 20-10255
the relevant portions of the record reflected therein, as well as Bibbs’s
response. 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 and counsel is excused from further
responsibilities herein. See 5th Cir. R. 42.2.
We would normally dismiss the appeal following this determination.
However, in this case, the record reflects a clerical error in the written
judgment. Although the judgment refers to the offense of conviction as
distribution and possession with intent to distribute heroin, the record
indicates that Bibbs pleaded guilty to possession with intent to distribute
heroin. 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.
2