Case: 16-40405 Document: 00513969030 Page: 1 Date Filed: 04/26/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-40405 FILED
Summary Calendar April 26, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
SEVERIANO V. SANTIBANEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:13-CR-266-3
Before JONES, WIENER, and CLEMENT, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Severiano V. Santibanez 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). Santibanez has filed an untimely response, which we construe as
a motion for leave to file an out-of-time response and GRANT.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40405 Document: 00513969030 Page: 2 Date Filed: 04/26/2017
No. 16-40405
The record is not sufficiently developed to allow us to make a fair
evaluation of Santibanez’s claims of ineffective assistance of counsel; we
therefore decline to consider the claims without prejudice to collateral review.
See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Santibanez’s response. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.
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 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 record reflects
that Santibanez pleaded guilty to conspiracy to possess with intent to
distribute methamphetamine. 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.
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