United States v. Josue Cruz-Garcia

Case: 18-40382 Document: 00515006459 Page: 1 Date Filed: 06/21/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-40382 FILED Conference Calendar June 21, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSUE OBETH CRUZ-GARCIA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:17-CR-563-2 Before KING, ELROD, and WILLETT, Circuit Judges. PER CURIAM: * The attorney appointed to represent Josue Obeth Cruz-Garcia 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-Garcia has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of his claim of 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-40382 Document: 00515006459 Page: 2 Date Filed: 06/21/2019 No. 18-40382 assistance of counsel; we therefore decline to consider it 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-Garcia’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