United States v. Ramos-Garcia

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-40918
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

RAYMUNDO RAMOS-GARCIA, also known as Raymondo Ramos Garcia,
also known as Raymundo Ramos Garcia, also known as Raymundo
RamosGarcia, also known as Dimundo Romos,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:19-CR-799-1

Before HAYNES, DUNCAN, and ENGELHARDT, Circuit Judges.
PER CURIAM:
*

The Federal Public Defender appointed to represent Raymundo Ramos-
Garcia 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). Ramos-Garcia has not filed a response. He did,
however, execute a waiver of any challenge to his conviction; accordingly, we

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
April 15, 2020

Lyle W. Cayce
Clerk
Case: 19-40918 Document: 00515383224 Page: 1 Date Filed: 04/15/2020

No. 19-40918
2
conclude that his conviction is not before us and will not address it further. See
United States v. Polanco-Ozorto, 772 F.3d 1053, 1055 (5th Cir. 2014)
(“Accordingly, we will not address the issues raised in Polanco-Ozorto’s
response [to his attorney’s Anders brief] related to his plea and conviction.”);
United States v. Garcia, 483 F.3d 289, 290-91 (5th Cir. 2007). With respect to
his sentence, he has been released from incarceration and has no term of
supervised release such that any challenge to his sentence is moot, see Spencer
v. Kemna, 523 U.S. 1, 7 (1998). Accordingly, counsel’s motion for leave to
withdraw is GRANTED and counsel is excused from further responsibilities
herein. The APPEAL IS DISMISSED.
Case: 19-40918 Document: 00515383224 Page: 2 Date Filed: 04/15/2020