USA v. Ballantine, No. 22-50311 (5th Cir. 2023)
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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 Clerk United States of America, 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. 2
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