United States v. Medina-Gomez

Case: 22-11150 Document: 00516884263 Page: 1 Date Filed: 09/05/2023

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 22-11150

Summary Calendar FILED ____________ September 5, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Ramiro Medina-Gomez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:20-CR-190-1 ______________________________

Before Willett, Duncan, and Douglas, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Ramiro Medina-Gomez 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). Medina-Gomez has filed a response, in which he challenges his guilty plea and sentence arguing, inter alia, that he pleaded guilty based Case: 22-11150 Document: 00516884263 Page: 2 Date Filed: 09/05/2023

No. 22-11150 on counsel’s erroneous advice regarding the applicable guidelines range and that counsel failed to respond to his request to withdraw his guilty plea. The record is not sufficiently developed to allow us to make a fair evaluation of Medina-Gomez’s claim that counsel failed to respond to his request to withdraw his guilty plea. We therefore decline to consider the claim without prejudice to it being raised on 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 Medina-Gomez’s response. We concur 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.