United States v. Alejandro De La Luz-Ramos

Case: 18-40322 Document: 00514699289 Page: 1 Date Filed: 10/26/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 18-40322 United States Court of Appeals Conference Calendar Fifth Circuit FILED October 26, 2018 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. ALEJANDRO DE LA LUZ-RAMOS, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:13-CR-26-1 Before REAVLEY, OWEN, and GRAVES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Alejandro De La Luz-Ramos 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). De La Luz-Ramos has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of De La Luz- Ramos’s claims of the denial of his Sixth Amendment right to effective * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-40322 Document: 00514699289 Page: 2 Date Filed: 10/26/2018 No. 18-40322 assistance of counsel; 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 De La Luz-Ramos’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