United States v. Ramiro Hernandez

Case: 16-60635 Document: 00514013039 Page: 1 Date Filed: 05/31/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 16-60635 Fifth Circuit FILED Summary Calendar May 31, 2017 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff-Appellee v. RAMIRO HERNANDEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:16-CR-24-1 Before JONES, WIENER, and CLEMENT, Circuit Judges. PER CURIAM: * The attorney appointed to represent Ramiro Hernandez 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). Hernandez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Hernandez’s claims of ineffective assistance of counsel; we therefore decline to consider the claims without * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-60635 Document: 00514013039 Page: 2 Date Filed: 05/31/2017 No. 16-60635 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 Hernandez’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. 2