Opinion
No. 17-30478
02-07-2018
UNITED STATES OF AMERICA, Plaintiff-Appellee v. KEN MICHELLE STEVENSON, Defendant-Appellant
Summary Calendar Appeal from the United States District Court for the Eastern District of Louisiana
USDC No. 2:03-CR-309-2 Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM:
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
The Federal Public Defender appointed to represent Ken Michelle Stevenson 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). Stevenson has not filed a response. We have reviewed counsel's brief and the relevant portions of the record reflected therein. We agree with counsel's assessment that the appeal presents no nonfrivolous issue for appellate review. 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.
Specifically, we conclude that the district court lacked jurisdiction over Stevenson's motion to clarify his sentence. We do not read the district court's order as addressing the propriety of a nunc pro tunc designation, see BOP Program Statement 5160.05 at 5-6, nor the potential merits of any claim Stevenson may have under 28 U.S.C. § 2241, see generally Hunter v. Tamez, 622 F.3d 427 (5th Cir. 2010). --------