USA v. Ricky Pimienta


UNPUBLISHED OPINION FILED. [16-41685 Dismissed as Frivolous] Judge: WED , Judge: EBC , Judge: GJC Mandate pull date is 08/25/2017 for Appellant Ricky Lee Pimienta; denying motion to appoint counsel filed by Appellant Mr. Ricky Lee Pimienta [8474829-3]; granting motion to withdraw as counsel filed by Mr. Robert Gerard Arrambide, Esq. [8444386-2] [16-41685]

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Case: 16-41685 Document: 00514103009 Page: 1 Date Filed: 08/04/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-41685 Summary Calendar United States Court of Appeals Fif h Circuit FILED August 4, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RICKY LEE PIMIENTA, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:11-CR-242-1 Before DAVIS, CLEMENT, and COSTA, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Ricky Lee Pimienta 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). Pimienta has filed a response and a motion for appointment of counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Pimienta’s claims of ineffective assistance of counsel; 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-41685 Document: 00514103009 Page: 2 Date Filed: 08/04/2017 No. 16-41685 we therefore decline to consider the claims 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 Pimienta’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, Pimienta’s motion for appointment of counsel is DENIED, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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