United States v. Wilkes ( 2023 )

Case: 23-40158 Document: 00516887480 Page: 1 Date Filed: 09/07/2023
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
No. 23-40158 FILED
September 7, 2023
Summary Calendar
____________ Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Robert Lee Wilkes, Jr.,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:21-CR-1856-1
______________________________
Before Stewart, Elrod, and Southwick, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Robert Lee
Wilkes, Jr., 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). Wilkes has filed a response. The
record is not sufficiently developed to allow us to make a fair evaluation of
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-40158 Document: 00516887480 Page: 2 Date Filed: 09/07/2023
No. 23-40158
Wilkes’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 Wilkes’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.
Our review reveals a clerical error in the written judgment. Wilkes
pleaded guilty to count six of the indictment. The judgment states that he
pleaded guilty to count six of the indictment, but it also lists that he was
adjudicated guilty of count one. Thus, this matter is REMANDED for the
limited purpose of correcting the clerical error in the judgment in accordance
with Federal Rule of Criminal Procedure 36.
2