U.S. Court of Appeals for the Fifth Circuit, 2011

United States v. Hector Ruiz

United States v. Hector Ruiz
U.S. Court of Appeals for the Fifth Circuit · Decided June 16, 2011 · Reavley, Dennis, Clement
428 F. App'x 457

United States v. Hector Ruiz

Opinion

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, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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 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 5th Cir. R. 42.2.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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