United States v. Marcelino Ruiz ( 2019 )

Case: 18-10269 Document: 00515235191 Page: 1 Date Filed: 12/13/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 13, 2019
No. 18-10269
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MARCELINO RUIZ,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:17-CR-190-1
Before HAYNES, DUNCAN, and ENGELHARDT, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Marcelino Ruiz has moved for leave
to withdraw and has filed briefs 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 several responses. The record is not sufficiently developed to allow
us to make a fair evaluation of Ruiz’s claims of ineffective assistance of counsel;
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 18-10269 Document: 00515235191 Page: 2 Date Filed: 12/13/2019
No. 18-10269
we therefore 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 briefs 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,
even if we do not consider the appeal waiver. 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. Ruiz’s motion
for appointment of substitute counsel is DENIED.
2