U.S. Court of Appeals for the Fifth Circuit, 2016

United States v. Jorge Ramirez-Montoya

United States v. Jorge Ramirez-Montoya
U.S. Court of Appeals for the Fifth Circuit · Decided October 18, 2016 · Higginbotham, Jones, Higginson
669 F. App'x 727

United States v. Jorge Ramirez-Montoya

Opinion

PER CURIAM: *

The Federal Public Defender appointed to represent Jorge Valentino Lozano Ramirez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Lozano Ramirez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Lozano Ramirez’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).

We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Lozano Ramirez’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.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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