United States v. Jorge Lozano Ramirez

Case: 15-41535 Document: 00513723335 Page: 1 Date Filed: 10/18/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-41535 Conference Calendar United States Court of Appeals Fifth Circuit FILED October 18, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. JORGE VALENTINO LOZANO RAMIREZ, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:14-CR-179-1 Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jorge Valentino Lozano Ramirez 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). Lozano Ramirez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Lozano Ramirez’s claim of ineffective assistance of 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-41535 Document: 00513723335 Page: 2 Date Filed: 10/18/2016 No. 15-41535 decline to 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 Lozano Ramirez’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