United States v. Cruz-Cruz

Opinion

Case: 22-40171 Document: 00516557475 Page: 1 Date Filed: 11/28/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED No. 22-40171 November 28, 2022 Summary Calendar Lyle W. Cayce Clerk

United States of America,

Plaintiff—Appellee,

versus

Ruben Cruz-Cruz,

Defendant—Appellant.

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:21-CR-1719-1

Before Jolly, Oldham, and Wilson, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Ruben Cruz- Cruz 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). Cruz-Cruz has filed a response. The record is not

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 22-40171 Document: 00516557475 Page: 2 Date Filed: 11/28/2022

No. 22-40171

sufficiently developed to allow us to make a fair evaluation of Cruz-Cruz’s claim of ineffective assistance of counsel; we therefore decline to consider the claim 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 Cruz-Cruz’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, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.