UNITED STATES v. RAMOS GARCIA (2020)

The Federal Public Defender appointed to represent Raymundo RamosGarcia has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Ramos-Garcia has not filed a response. He did, however, execute a waiver of any challenge to his conviction; accordingly, we conclude that his conviction is not before us and will not address it further. See United States v. Polanco-Ozorto, 772 F.3d 1053, 1055 (5th Cir. 2014) (“Accordingly, we will not address the issues raised in Polanco-Ozorto’s response [to his attorney’s Anders brief] related to his plea and conviction.”); United States v. Garcia, 483 F.3d 289, 290-91 (5th Cir. 2007). With respect to his sentence, he has been released from incarceration and has no term of supervised release such that any challenge to his sentence is moot, see Spencer v. Kemna, 523 U.S. 1, 7, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998). Accordingly, counsel’s motion for leave to withdraw is GRANTED and counsel is excused from further responsibilities herein. The APPEAL IS DISMISSED.

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PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.