USA v. Jose Najera-Gandara, No. 10-50991 (5th Cir. 2011)
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Case: 10-50991 Document: 00511579554 Page: 1 Date Filed: 08/22/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-50991 Summary Calendar August 22, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE MANUEL NAJERA-GANDARA, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:09-CR-1619-1 Before KING, JOLLY, and GRAVES, Circuit Judges. PER CURIAM:* Jose Manuel Najera-Gandara (Najera), represented by appointed attorney Alberto M. Ramon, appeals from his conviction for illegal reentry after deportation. He contends solely that he received ineffective assistance of counsel. The record is not sufficiently developed to permit direct review of Najera s ineffective assistance of counsel claims. See United States v. Bounds, 943 F.2d 541, 544 (5th Cir. 1991). Therefore, Najera s appeal is DISMISSED as frivolous. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-50991 Document: 00511579554 Page: 2 Date Filed: 08/22/2011 No. 10-50991 See 5TH CIR. R. 42.2. Attorney Ramon is WARNED that he ha[s] no duty to bring frivolous appeals; the opposite is true[,] United States v. Burleson, 22 F.3d 93, 95 (5th Cir. 1994), and that frivolous appeals in the future may subject counsel to sanctions. 2
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