Case: 10-40916 Document: 00511510827 Page: 1 Date Filed: 06/16/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 16, 2011
No. 10-40916
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
HECTOR RUIZ, also known as Hector Ruiz-Perez,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:10-CR-1167-1
Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Hector 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 a response. We have reviewed counsel’s brief and the
relevant portions of the record reflected therein, as well as Ruiz’s response. We
concur with counsel’s assessment that the appeal presents no nonfrivolous issue
for appellate review. Ruiz’s pro se response arguing that counsel was ineffective
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-40916 Document: 00511510827 Page: 2 Date Filed: 06/16/2011
No. 10-40916
for not demonstrating the invalidity of a prior conviction does not present a
nonfrivolous issue. Accordingly, the motion for leave to withdraw is GRANTED,
counsel is excused from further responsibilities herein, and the APPEAL IS
DISMISSED. See 5 TH C IR. R. 42.2.
2