United States v. Cruz ( 2023 )

Case: 23-10470 Document: 00516911242 Page: 1 Date Filed: 09/27/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 23-10470
Summary Calendar FILED
____________ September 27, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Semein Cruz,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:22-CR-107-1
______________________________
Before Willett, Duncan, and Wilson, Circuit Judges.
Per Curiam: *
The Federal Public Defender appointed to represent Semein 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 has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Cruz’s claim of ineffective
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-10470 Document: 00516911242 Page: 2 Date Filed: 09/27/2023
No. 23-10470
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’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.
2