United States v. Edmundo Lopez-Escamilla ( 2018 )

Case: 17-40843 Document: 00514523823 Page: 1 Date Filed: 06/21/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 17-40843 June 21, 2018
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
EDMUNDO LOPEZ-ESCAMILLA, also known as Mundo,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:14-CR-91-15
Before DAVIS, COSTA, and ENGELHARDT, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Edmundo Lopez-Escamilla 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). Lopez-Escamilla has filed a response. He has also moved for the
appointment of substitute counsel. The record is not sufficiently developed to
allow us to make a fair evaluation of Lopez-Escamilla’s claims of ineffective
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-40843 Document: 00514523823 Page: 2 Date Filed: 06/21/2018
No. 17-40843
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 Lopez-Escamilla’s response. We concur with
counsel’s assessment that the appeal presents no nonfrivolous issue for
appellate review.
Our review reveals a clerical error in the judgment. The judgment states
that Lopez-Escamilla pleaded guilty to conspiracy to possess with intent to
manufacture and distribute cocaine. Lopez-Escamilla pleaded guilty to
conspiracy to possess with intent to distribute cocaine; therefore, the word
“manufacture” should be deleted from the description of the nature of the
offense.
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. Lopez-Escamilla’s request for the
appointment of substitute counsel is DENIED. 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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