United States v. Veronica Ramos

Case: 17-40782 Document: 00514812219 Page: 1 Date Filed: 01/28/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-40782 FILED
Conference Calendar January 28, 2019
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
VERONICA RAMOS,
Defendant-Appellant
Appeals from the United States District Court
for the Southern District of Texas
USDC No. 2:16-CR-836-1
Before KING, ELROD, and WILLETT, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Veronica Ramos 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).
Ramos has filed a response. We have reviewed counsel’s brief and the relevant
portions of the record reflected therein, as well as Ramos’s response. We concur
with counsel’s assessment that the appeal presents no nonfrivolous issue for
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-40782 Document: 00514812219 Page: 2 Date Filed: 01/28/2019
No. 17-40782
appellate review. Ramos largely complains that she received ineffective
assistance of counsel during her sentencing. Although her guilty plea reserved
her right to raise such a challenge, ineffective-assistance claims are
appropriately raised on collateral review under 28 U.S.C. § 2255, not direct
appeal. Massaro v. United States, 538 U.S. 500, 504-06 (2003).
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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