United States v. Ramon Leon-Zapon , 624 F. App'x 226 ( 2015 )

Case: 15-40447 Document: 00513305023 Page: 1 Date Filed: 12/11/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-40447
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 11, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
RAMON AQUILINO LEON-ZAPON,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:14-CR-1670-1
Before HIGGINBOTHAM, ELROD, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Ramon Aquilino
Leon-Zapon 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). Leon-Zapon has filed a response. The record is not
sufficiently developed to allow us to make a fair evaluation of Leon-Zapon’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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 15-40447 Document: 00513305023 Page: 2 Date Filed: 12/11/2015
No. 15-40447
claims without prejudice to collateral review. See United States v. Isgar, 739
F.3d 829, 841 (5th Cir.), cert. denied, 135 S. Ct. 123 (2014).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Leon-Zapon’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. Leon-Zapon’s motion to appoint new counsel is DENIED. See
United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
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