USA v. Jorge Ramirez


UNPUBLISHED OPINION FILED. [13-50683 Dismissed ] Judge: EGJ , Judge: JES , Judge: EBC Mandate pull date is 07/07/2014 for Appellant Jorge Abel Ramirez [13-50683]

Download PDF
Case: 13-50683 Document: 00512663290 Page: 1 Date Filed: 06/13/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-50683 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 13, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JORGE ABEL RAMIREZ, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:12-CR-27-2 Before JOLLY, SMITH, and CLEMENT, Circuit Judges. PER CURIAM: * Jorge Abel Ramirez pleaded guilty, pursuant to a written plea agreement, to assaulting, resisting, or impeding officers of the United States. On appeal, he argues that the Government breached the plea agreement and thus engaged in prosecutorial misconduct by failing to inform the Probation Office about his acceptance of responsibility. Because the plea agreement placed no such obligation on the Government, Ramirez’s allegation of a breach 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 13-50683 Document: 00512663290 Page: 2 Date Filed: 06/13/2014 No. 13-50683 and prosecutorial misconduct is factually incorrect. Ramirez’s appeal is barred by the waiver in the plea agreement. See United States v. Story, 439 F.3d 226, 231 (5th Cir. 2006). APPEAL DISMISSED. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?