USA vs. Ramirez-Leija, (5th Cir. 2004)
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. United States Court of Appeals Fifth Circuit FILED May 26, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 02-50773 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GERARDO RAMIREZ-LEIJA, also known as Jerry Ramirez, also known as Geraldo Ramirez, Defendant-Appellant, Appeal from the United States District Court for the Western District of Texas USDC No. EP-02-CR-214-ALL-DB Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.
PER CURIAM: * Court appointed counsel for Gerardo Ramirez-Leija has moved for leave to withdraw in accordance with Anders v. California , 386 U.S. 738 (1967). Ramirez has responded to counsel§ 1326 conviction is based, challenging the district court§ 2L1.2(b)(1)(A) in calculating his sentence, and arguing that he had ineffective assistance of counsel. RamirezÂ’ ineffective assistance of counsel claim is not cognizable on direct appeal. See United States v. Brewster , 137 F.3d 853, 859 (5th Cir. 1998).
Our independent review of the record, counselÂ’s brief, and the issues raised by Ramirez discloses no nonfrivolous appellate issue. Accordingly, counselÂ’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR . R. 42.2. No. 02-50773
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This document cites
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Carlos Ray Brewster, Jr., Defendant-Appellant., 137 F.3d 853 (5th Cir. 1998)
- U.S. Supreme Court - Anders v. California, 386 U.S. 738 (1967)
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