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UNPUBLISHED OPINION FILED.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]
Date Filed: 04/18/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
April 18, 2017
UNITED STATES OF AMERICA,
Lyle W. Cayce
JOSE RAMIRO RAMOS-MORENO,
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 04/18/2017
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.
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?