United States v. Ramirez-Leija , 97 F. App'x 505 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS May 26, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
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,
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-02-CR-214-ALL-DB
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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’s motion
and brief, asking the court to consider the issue raised by
counsel, challenging the prior deportation upon which his
8 U.S.C. § 1326 conviction is based, challenging the district
*
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that this opinion should not be published and is not precedent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.
No. 02-50773
-2-
court’s use of U.S.S.G. § 2L1.2(b)(1)(A) in calculating his
sentence, and arguing that he had ineffective assistance of
counsel. Ramirez’ 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, counsel’s brief, and
the issues raised by Ramirez discloses no nonfrivolous appellate
issue. Accordingly, counsel’s 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.