USA v. Jesus Paramo

Filing

UNPUBLISHED OPINION FILED. [16-11383 Dismissed as Frivolous] Judge: JLW, Judge: JLD, Judge: LHS. Mandate pull date is 08/22/2017 for Appellant Jesus Paramo; granting motion to withdraw as counsel filed by Mr. Brandon Elliott Beck [8464339-2]; denying motion to appoint counsel filed by Appellant Mr. Jesus Paramo [8484057-3] [16-11383]

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Case: 16-11383 Document: 00514097838 Page: 1 Date Filed: 08/01/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-11383 Summary Calendar FILED August 1, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JESUS PARAMO, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:14-CR-369-1 Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jesus Paramo 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). Paramo has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Paramo’s response. We agree with counsel’s assessment that the appeal presents no 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-11383 Document: 00514097838 Page: 2 Date Filed: 08/01/2017 No. 16-11383 nonfrivolous issue for appellate review. We generally do not entertain claims of ineffective assistance of counsel that have not previously been presented to the district court and decline to do so here without prejudice to Paramo’s ability to bring such claims on collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). 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. Paramo’s motion to reject counsel’s brief and to appoint new counsel is DENIED. Cf. United States v. Wagner, 158 F.3d 901, 902–03 (5th Cir. 1998). 2

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