United States v. Ballantine ( 2023 )

Case: 22-50311 Document: 00516635672 Page: 1 Date Filed: 02/06/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-50311
Summary Calendar FILED
____________ February 6, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Andrew Mohan Ballantine,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:19-CR-112-1
______________________________
Before Stewart, Dennis, and Willett, Circuit Judges.
Per Curiam: *
The attorney appointed to represent Andrew Mohan Ballantine 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). Ballantine has filed a response. To the extent that Ballantine
raises a claim relating to ineffective assistance of counsel, the record is not
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-50311 Document: 00516635672 Page: 2 Date Filed: 02/06/2023
No. 22-50311
sufficiently developed to allow us to make a fair evaluation of that claim; we
therefore decline to consider that claim 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 Ballantine’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.
We note, however, that there is a clerical error in the written
judgment. Although the written judgment indicates that Ballantine pleaded
guilty only to Count One of the indictment, the record reflects that Ballantine
pleaded guilty to Counts One, Two, and Three of the indictment.
Accordingly, we REMAND for correction of the clerical error in the written
judgment in accordance with Federal Rule of Criminal Procedure 36.
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