USA v. Fernando Ramirez-Garcia, No. 19-20020 (5th Cir. 2019)

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Case: 19-20020 Document: 00515147074 Page: 1 Date Filed: 10/07/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 19-20020 Conference Calendar United States Court of Appeals Fifth Circuit FILED October 7, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FERNANDO RAMIREZ-GARCIA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:18-CR-567-1 Before JONES, HIGGINSON, and WILLETT, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Fernando RamirezGarcia 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-Garcia has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of RamirezGarcia’s claim of ineffective assistance of counsel; we therefore decline to 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 19-20020 Document: 00515147074 Page: 2 Date Filed: 10/07/2019 No. 19-20020 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 Ramirez-Garcia’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. Ramirez-Garcia’s motion for the appointment of substitute counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2

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