United States v. Ricardo Lozano, Jr. ( 2020 )

Case: 19-50734 Document: 00515663083 Page: 1 Date Filed: 12/07/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
December 7, 2020
No. 19-50734
Lyle W. Cayce
Conference Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Ricardo Lozano, Jr.,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:19-CR-43-2
Before Davis, Elrod, and Oldham, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Ricardo Lozano, Jr., 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). Lozano has responded. The record is not sufficiently
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 19-50734 Document: 00515663083 Page: 2 Date Filed: 12/07/2020
No. 19-50734
developed to allow us to make a fair evaluation of Lozano’s claims of
ineffective assistance of counsel; 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 Lozano’s original and supplemental
responses. 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.
Lozano’s untimely request for appointment of new counsel on appeal is
DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
2