United States v. Alejandro Ruiz

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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