Case: 19-20543 Document: 00515843121 Page: 1 Date Filed: 04/30/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
April 30, 2021
No. 19-20543
Lyle W. Cayce
Conference Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Ronnie Gene Presley,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:17-CR-434-1
Before Dennis, Costa, and Engelhardt, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Ronnie Gene
Presley has moved for leave to withdraw and has filed briefs in accordance
with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632
F.3d 229 (5th Cir. 2011). Presley has filed a response. The record is not
*
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opinion should not be published and is not precedent except under the limited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: 19-20543 Document: 00515843121 Page: 2 Date Filed: 04/30/2021
No. 19-20543
sufficiently developed to allow us to make a fair evaluation of Presley’s claim
of ineffective assistance of counsel; we therefore decline to consider the claim
without prejudice to collateral review. See United States v. Isgar, 739 F.3d
829, 841 (5th Cir. 2014).
We have reviewed counsel’s briefs and the relevant portions of the
record reflected therein, as well as Presley’s response. We concur with
counsel’s assessment that the appeal presents no nonfrivolous issue for
appellate review but note a clerical error in the written judgment. Although
the judgment lists 18 U.S.C. §§ 2 and 1591(b)(1) among the statutes Presley
was convicted of violating, the record indicates he pleaded guilty and was
sentenced only under § 1591(a)(1), (a)(2), and (b)(2).
Accordingly, the 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 case is REMANDED to the
district court for the limited purpose of correcting the error in the judgment.
See Fed. R. Crim. P. 36.
2