Filed: Oct. 16, 2018
Latest Update: Mar. 03, 2020
Summary: 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 FILED No. 18-10310 October 16, 2018 Conference Calendar 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 C
Summary: 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 FILED No. 18-10310 October 16, 2018 Conference Calendar 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 CU..
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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
FILED
No. 18-10310 October 16, 2018
Conference Calendar
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
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