United States v. Rubio

Opinion

Case: 22-50497 Document: 00516823952 Page: 1 Date Filed: 07/18/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-50497 Summary Calendar FILED ____________ July 18, 2023 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Aguedo Rubio,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 7:21-CR-351-1 ______________________________

Before Wiener, Elrod, and Engelhardt, Circuit Judges. Per Curiam: * The attorney appointed to represent Defendant-Appellant Aguedo Rubio 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), to which Rubio has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Rubio’s

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-50497 Document: 00516823952 Page: 2 Date Filed: 07/18/2023

No. 22-50497

claims of ineffective assistance of counsel, so we 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 Rubio’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Counsel’s motion for leave to withdraw is GRANTED; counsel is excused from further responsibilities herein; and the Rubio’s appeal is DISMISSED. See 5th Cir. R. 42.2.