Automated Summary
Key Facts
The United States Court of Appeals for the Fifth Circuit dismissed Kevin Jamal Riley's appeal after finding no nonfrivolous issues for review. The court also identified a clerical error in the written judgment regarding $5,000 assessments under the Justice for Victims of Trafficking Act (JVTA) and the Amy, Vicky, and Andy Child Pornography Victim Assistance Act (AVAA), which were orally waived due to Riley's indigency. The case was remanded for correction of this error.
Issues
- The court must decide whether to grant the Federal Public Defender's motion to withdraw under Anders v. California and United States v. Flores, and whether the appeal presents any nonfrivolous issues for review. The record is insufficient to evaluate Riley's claim of ineffective assistance of counsel, leading to dismissal without prejudice to collateral review.
- The court must correct a clerical error in the written judgment regarding $5,000 assessments under the Justice for Victims of Trafficking Act (JVTA) and the Amy, Vicky, and Andy Child Pornography Victim Assistance Act (AVAA), which were orally waived due to indigency. The case is remanded for the limited purpose of fixing this error.
Holdings
- The court granted the Federal Public Defender's motion to withdraw and dismissed the appeal, as it found no nonfrivolous issues for appellate review. Riley's claim of ineffective assistance of counsel was deemed unreviewable due to an insufficiently developed record.
- The court identified a clerical error in the written judgment, which failed to reflect the district court's oral waiver of assessments under the JVTA and AVAA. The case was remanded for correction of this error under Federal Rule of Criminal Procedure 36.
Remedies
- The motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities, and the appeal is DISMISSED. See 5TH CIR. R. 42.2.
- The appeal is REMANDED to the district court to correct a clerical error in the written judgment regarding $5,000 assessments under JVTA and AVAA. See FED. R. CRIM. P. 36.
Legal Principles
The court applied the procedural rules allowing for the withdrawal of counsel under 5TH CIR. R. 42.2, following the framework established in Anders v. California and United States v. Flores. It also addressed a clerical error in the judgment under FED. R. CRIM. P. 36.
Precedent Name
- United States v. Flores
- United States v. Isgar
- Anders v. California
Cited Statute
- Amy, Vicky, and Andy Child Pornography Victim Assistance Act
- Justice for Victims of Trafficking Act
Judge Name
- Haynes
- King
- Ho
Passage Text
- 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 is not sufficiently developed to make a fair evaluation of Riley's claim of ineffective assistance of counsel; we therefore decline to consider the claim without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).
- Our review of the record reveals a clerical error in the written judgment. The district court orally waived assessments under the Justice for Victims of Trafficking Act (JVTA) and the Amy, Vicky, and Andy Child Pornography Victim Assistance Act (AVAA) based on a finding of indigency, but the written judgment reflects two $5,000 assessments under those statutes. We therefore REMAND to the district court for the limited purpose of correcting this clerical error. See FED. R. CRIM. P. 36.