United States v. Ramirez-Jimenez

Case: 22-11174 Document: 00516869373 Page: 1 Date Filed: 08/23/2023

United States Court of Appeals for the Fifth Circuit

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United States Court of Appeals

Fifth Circuit

No. 22-11174

Summary Calendar FILED ____________ August 23, 2023

Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee, versus

Nicolas Ramirez-Jimenez,

Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:18-CR-151-2

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Before Dennis, Engelhardt, and Wilson, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Nicolas Ramirez-Jimenez 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). Ramirez-Jimenez has filed a response.

Case: 22-11174 Document: 00516869373 Page: 2 Date Filed: 08/23/2023

No. 22-11174

The record is not sufficiently developed to allow us to make a fair evaluation of Ramirez-Jimenez’s claim of ineffective assistance of counsel; we therefore decline to consider the claim and deny it 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 Ramirez-Jimenez’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, Ramirez-Jimenez’s claim for ineffective assistance of counsel is DENIED WITHOUT PREJUDICE to collateral review, and the appeal is DISMISSED. See 5th Cir. R. 42.2.