USA v. Jose Ramos-Moreno


UNPUBLISHED OPINION FILED. [16-40853 Dismissed as Frivolous] Judge: CDK , Judge: CH , Judge: JEG. Mandate pull date is 05/09/2017 for Appellant Jose Ramiro Ramos-Moreno; granting motion to withdraw as counsel filed by Mr. Timothy William Crooks [8362503-2]; denying motion to vacate the judgment of the district court filed by Appellant Mr. Jose Ramiro Ramos-Moreno [8389785-3]; denying motion to remand case filed by Appellant Mr. Jose Ramiro Ramos-Moreno [8389785-4] [16-40853]

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Case: 16-40853 Document: 00513955928 Page: 1 Date Filed: 04/18/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40853 Conference Calendar United States Court of Appeals Fifth Circuit FILED April 18, 2017 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. JOSE RAMIRO RAMOS-MORENO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:15-CR-1079-1 Before KING, HAYNES, and GRAVES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jose Ramiro RamosMoreno 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). Ramos-Moreno has filed a response with an incorporated motion asking this court to vacate his sentence and remand the case to the district court for resentencing based on a claim that he received 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40853 Document: 00513955928 Page: 2 Date Filed: 04/18/2017 No. 16-40853 ineffective assistance of counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Ramos-Moreno’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 Ramos-Moreno’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, Ramos-Moreno’s motion is DENIED, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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