United States v. Alejandro Ruiz ( 2015 )

Case: 13-10574 Document: 00513075773 Page: 1 Date Filed: 06/11/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-10574
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 11, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
ALEJANDRO RUIZ,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:12-CR-296-1
Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Alejandro Ruiz 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). Ruiz
has filed two responses. The record is not sufficiently developed to allow us to
make a fair evaluation of Ruiz’s claims of ineffective assistance of counsel; we
therefore decline to consider the claims without prejudice to collateral review.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-10574 Document: 00513075773 Page: 2 Date Filed: 06/11/2015
No. 13-10574
See United States v. Isgar, 739 F.3d 829, 841 (5th Cir.), cert. denied, 135 S. Ct.
123 (2014).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Ruiz’s responses. 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.
2