United States v. Guzman-Pecina

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-51067
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

RAMIRO E. GUZMAN-PECINA,

Defendant-Appellant

Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:19-CR-6-1

Before DAVIS, ELROD, and OLDHAM, Circuit Judges.
PER CURIAM:
*

The attorney appointed to represent Ramiro E. Guzman-Pecina 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). Guzman-Pecina has filed a response. The record is not
sufficiently developed to allow us to make a fair evaluation of Guzman-Pecina’s
claims of ineffective assistance of counsel; we therefore decline to consider the

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
July 29, 2020

Lyle W. Cayce
Clerk
Case: 19-51067 Document: 00515508329 Page: 1 Date Filed: 07/29/2020

No. 19-51067
2
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 Guzman-Pecina’s response. We concur with
counsel’s assessment that the appeal presents no nonfrivolous issue for
appellate review. Accordingly, counsel’s motion for leave to withdraw is
GRANTED, counsel is excused from further responsibilities herein, and the
APPEAL IS DISMISSED. See 5
TH CIR. R. 42.2.
Case: 19-51067 Document: 00515508329 Page: 2 Date Filed: 07/29/2020