USA v. Erika Ramirez Luna, No. 18-10310 (5th Cir. 2018)

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Case: 18-10310 Document: 00514684724 Page: 1 Date Filed: 10/16/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-10310 Conference Calendar FILED October 16, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ERIKA MIREYA RAMIREZ LUNA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 2:17-CR-64-2 Before DAVIS, JONES, and DUNCAN, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Erika Mireya Ramirez Luna 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). Ramirez Luna has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Ramirez Luna’s claims of ineffective assistance of trial counsel; we therefore 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-10310 Document: 00514684724 Page: 2 Date Filed: 10/16/2018 No. 18-10310 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 Ramirez Luna’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, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. To the extent Ramirez Luna moves for the appointment of new appellate counsel, her motion for the appointment of new appellate counsel is DENIED. 2

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