United States v. Medina-Gomez ( 2023 )

Case: 22-11150 Document: 00516884263 Page: 1 Date Filed: 09/05/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-11150
Summary Calendar FILED
____________ September 5, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Ramiro Medina-Gomez,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:20-CR-190-1
______________________________
Before Willett, Duncan, and Douglas, Circuit Judges.
Per Curiam: *
The attorney appointed to represent Ramiro Medina-Gomez 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). Medina-Gomez has filed a response, in which he challenges
his guilty plea and sentence arguing, inter alia, that he pleaded guilty based
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-11150 Document: 00516884263 Page: 2 Date Filed: 09/05/2023
No. 22-11150
on counsel’s erroneous advice regarding the applicable guidelines range and
that counsel failed to respond to his request to withdraw his guilty plea. The
record is not sufficiently developed to allow us to make a fair evaluation of
Medina-Gomez’s claim that counsel failed to respond to his request to
withdraw his guilty plea. We therefore decline to consider the claim without
prejudice to it being raised on 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 Medina-Gomez’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 5th Cir. R. 42.2.
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