United States v. Ricky Pimienta ( 2017 )

Case: 16-41685 Document: 00514103009 Page: 1 Date Filed: 08/04/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fif h Circuit
No. 16-41685 FILED
Summary Calendar August 4, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RICKY LEE PIMIENTA,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:11-CR-242-1
Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Ricky Lee Pimienta
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). Pimienta has filed a response and a motion for
appointment of counsel. The record is not sufficiently developed to allow us to
make a fair evaluation of Pimienta’s claims of ineffective assistance of counsel;
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-41685 Document: 00514103009 Page: 2 Date Filed: 08/04/2017
No. 16-41685
we therefore decline to consider the 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 Pimienta’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, Pimienta’s motion for appointment of
counsel is DENIED, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.
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